Supreme Court orders new trial after Vancouver crash killed toddler Ocean and seriously injured her father

The Story

Seyed Moshfeghi Zadeh was acquitted in 2024 of dangerous driving causing death and dangerous driving causing bodily harm, but the Supreme Court of Canada ordered a new trial after overturning that result in a five-to-four decision issued on Friday.

The court’s ruling described how, on July 6, 2021, Zadeh ran a red light at the intersection of Smithe and Hornby and collided with a sports car before ending up on the sidewalk.

Twenty-three-month-old Ocean, who was in her father Michael Hiva’s arms on the sidewalk, was hit during the crash, and her father was seriously injured.

At Zadeh’s original trial, judge Kathryn Denhoff found his three-to-five-second lapse of attention did not amount to a marked departure from how a reasonable driver would have acted. The B.C. Court of Appeal upheld the acquittals.

In Friday’s Supreme Court decision, the majority said the trial judge focused too heavily on how brief the lapse of attention was, stating that “under the proper analysis, the period of inattention is a factor, not the focus.” The judges said Denhoff needed to consider the full picture, including the busy downtown setting and visible red lights.

The Crown had sought convictions, but the Supreme Court instead ordered a new trial before a different judge. No date has been set.

In a comment attributed to lawyer Kyla Lee, who is not affiliated with the case, the outcome confirmed again that “momentary inattention in driving can still constitute dangerous driving when all of the surrounding circumstances are considered.”

Lee said both sides will return to court with the transcripts from the original trial, allowing the defence to potentially impeach witnesses who testify differently and the Crown to prepare using the prior evidence. Four dissenting judges said Denhoff properly considered the evidence and would have upheld the acquittals.