Driver charged in deadly five-car crash near High Park was caught driving while impaired three weeks earlier: police

TORONTO -

A 38-year-old Burlington man charged in connection with a deadly five-car crash near Toronto’s High Park last month was caught driving while impaired three weeks before the collision, CTV News Toronto has learned.

Police said that at about 5 p.m. on Oct. 12, a BMW sedan was heading southbound on Parkside Drive “at a high rate of speed” when it struck a vehicle that was basically stationary due to traffic.

That impacted vehicle then struck a number of other vehicles in front of it.

Fatima and Valdemar Avila were sitting in the vehicle that was struck from behind.

Valdemar died at the scene and Fatima passed away after paramedics brought her to hospital.

The driver of the BMW and two other people involved in the collision suffered injuries.

On Friday, Toronto police announced Artur Kotula was arrested and charged with two counts of negligence causing death.

He appeared in court at Old City Hall on Friday morning.

CTV News Toronto learned Friday that Kotula was charged with impaired over 80 and impaired operation by the OPP in Mississauga on Sept. 21—exactly three weeks before the deadly crash in Toronto.

Moreover, court heard that Kotula does not currently have immigration status in Canada and that he is under an immigration hold from the Canada Border Services Agency.

The Crown has requested an “investigative adjournment” until Nov. 22, as well as a non-communication order on the names of five individuals who are either witnesses or complainants.

In the meantime, investigators say the probe into the collision is ongoing and anyone with dash cam or surveillance camera footage from the area should contact them.

With files from CTV News Toronto’s Janice Golding