Man charged after fatal car crash

A Burlington man is facing serious charges in connection with a multivehicle crash last month in Toronto’s west end that left a couple dead.

Artur Kotula, 38, was arrested Friday morning and charged with two counts of criminal negligence causing death. A charge of criminal negligence causing death carries a maximum penalty of life in prison.

Police say Kotula was driving a 2013 BMW 320i southbound on Parkside Drive in the afternoon of Oct. 12, going at a high rate of speed. Police allege he collided with a Toyota Matrix, causing a crash that involved five cars.

The driver of the Toyota, 71-yearold Valdemar Avila, died on the scene. His wife Fatima, 69, who was in the passenger seat, died later in hospital. The incident has prompted outcry in the community, with people calling for an immediate reduction of speed on the busy road that stretches from Bloor Street to Lake Shore Boulevard.

Area councillor Gord Perks brought a motion at last week’s city council, asking for a reduction of speed from 50 km/h to 40 km/h, as well as other measures to increase the safety of pedestrians and cyclists heading to and from nearby High Park. The motion was adopted.

It’s rare for criminal charges to be laid in cases of road crashes, even when they involve serious injuries and fatalities, said Patrick Brown, a criminal lawyer and road safety advocate.

Criminal charges are generally laid when the driver is impaired or when there’s evidence of egregious driving behaviour such as a hit and run, excessive speed or street racing, he said. “In many crashes where a pedestrian or cyclist is killed, it does not have to be excessive or egregious speed to kill,” Brown said, explaining why drivers involved in crashes with vulnerable road users often get hit with small fines under the Highway Traffic Act.

Brown has for years advocated for better laws and greater penalties as a deterrent for drivers operating vehicles in heavily congested areas. He’s part of a coalition of road safety advocates and politicians pushing for the provincial legislature to pass the Protecting Vulnerable Road Users Act, which will be reintroduced at Queen’s Park next week.

The bill, sponsored by Jessica Bell, University-Rosedale MPP and urban planning critic, seeks to increase penalties for driving offences that result in death or serious injuries to pedestrians or cyclists. In addition to fines, convicted drivers would face licence suspension, community service, driver re-education, and having to attend court sentencing and hear victim impact statements.

“It gives these individuals, who perhaps aren’t criminals, a penalty to reflect on their conduct,” Brown said.