Supreme Court orders a new trial in the Vancouver crash that killed a toddler

In a five-to-four decision on Friday, the Supreme Court of Canada ordered a new trial for Seyed Moshfeghi Zadeh. He was acquitted in 2024 of dangerous driving causing death and causing bodily harm.

The ruling describes how Zadeh ran a red light at Smithe and Hornby on July 6, 2021, and ended up on the sidewalk, where a 23-month-old girl died and her father was seriously injured.

The trial judge found a three-to-five-second lapse of attention was not a marked departure from how a reasonable driver would act. The majority said that lapse is "a factor, not the focus."

What's next

The new trial will be heard before a different judge, and no date has been set. Four judges dissented and would have upheld the acquittals.