Judge finds driver in Brampton crash that killed mom and 3 girls had drugs in his system; drove dangerously in separate incident two days earlier

Toronto -

A judge has found that a man who pled guilty to four counts of dangerous driving causing death in connection with a Brampton crash that killed a mother and her three daughters had over the legal limit of THC in his blood on the day of the collision, but has reserved judgment as to whether his ability to drive was impaired.

It was on June 18 last year that 36-year-old Karolina Ciasullo and her three daughters — six-year-old Klara, three-year-old Lilianna, and one-year-old Mila —  were driving near Torbram Road and Countryside Drive when they were struck by an Infiniti G35. All four died as a result of the crash. 

The driver, Brady Robertson, has pleaded guilty to four counts of dangerous driving causing death.

He has pleaded not guilty, however, to four counts of impaired driving causing death. His lawyers have also launched a constitutional challenge to the law as it relates to impairment by drugs.

In a decision handed down Tuesday, Justice Sandra Caponecchia said she is certain that Robertson had an unknown quantity of THC and the sedative flubromazolam in his system when he last drove on June 18, 2020. However she said she is not sure whether the Crown has proven beyond a reasonable doubt that one or both of the drugs in his blood impaired his ability to drive to any degree.

A toxicologist testified in court that flubromazolam is a drug that can impair a person’s ability to drive, but the effect on any person depends on the dosage and individual tolerance. The drug can also be detected in blood days after use.

Caponecchia found that Robertson had consumed an unknown amount of cannabis between 7 a.m. and 9 a.m. on the morning of the crash, but said it was not clear whether he was experiencing the impairing effects of the drug when he caused the collision at approximately 12:15 p.m.

The court heard that 45 minutes after the collision, Robertson had 40 ng/ml blood of THC in his blood, whereas the current law allows for not more than 5 ng/ml two hours after driving.

Robertson’s lawyers have argued the current law is not a good indication of impairment. 

“In summary, the toxicology evidence in this case establishes that Mr. Robertson had an unknown quantity of flubromazolam and TCH in his blood when he last drove on June 18, 2020. It does not go so far as to prove the drugs were necessarily impairing Mr. Robertson's ability to drive,” Caponecchia wrote in a copy of the decision obtained by CP24.

She also weighed other factors, such as Robertson's presentation at the scene, motive for dangerous driving, the driving evidence and poor judgement.

“It is my overall assessment that Mr. Robertson's ability to operate a motor vehicle was probably and most likely impaired by drug on June 18, 2020. Yet such a conclusion is not proof beyond a reasonable doubt,” the judge wrote.

While Caponecchia held off on a ruling on the charges of impaired driving causing death pending the constitutional challenge, she did find him guilty of dangerous driving in connection with an incident in Caledon two days prior on June 16.

Dashcam footage presented in court showed the driver of a car slowly travelling northbound on Kennedy Road., moving out of his lane and driving through the intersection without stopping for a stop sign at Dougall Avenue at around 8:25 p.m.

“The suspect vehicle proceeds to mount the sidewalk and crash into planters and two garbage cans outside a coffee shop located at the northeast corner of Kennedy Rd and Dougall Ave.,” the judge wrote in her decision.

While bystanders tried to get the driver’s attention, thinking that perhaps he had suffered a medical episode, he put the car in reverse and took off.

A short time later at 8:47 p.m. an officer dispatched to the coffee shop incident noticed a driver matching the description headed east on King Street.

As he pursued the vehicle, the officer noticed it widening its lead, even as he approached 130 kilometres per hour.

“At one point the officer noticed the driver of the suspect vehicle drive on the gravel shoulder for a few seconds creating dust. The officer also noticed the driver pull into the oncoming lane of traffic for a few seconds to overtake another vehicle,” the judge noted.

The officer eventually broke off the pursuit over public safety concerns.

“In this case I am satisfied that the constellation of the circumstantial pieces of evidence lends itself to only one reasonable conclusion, that on June 16, 2020 it was Mr. Robertson who was driving his newly purchased Infiniti with his aunt's licence plate,” the judge wrote, finding that it was the same car at both locations.

Arguments are expected to continue in the case tomorrow.