Guilty on all counts: Windsor man convicted of careless driving in Retrofest double fatal collision

Guilty verdict after fatal crash A Windsor man charged in connection to the double fatal Retrofest collision has been convicted on all counts. CTV Windsor's Michelle Maluske

A Windsor man charged in connection to the double fatal Retrofest collision has been convicted on all counts.

Brett Iler was convicted Friday on six counts of careless driving, including two for causing death for his actions on May 27, 2022.

The collision

That day, the Retrofest Classic Car Cruise was winding its way westbound along Queens’ Line away from Chatham.

As it approached Dillon Road, Iler’s eastbound SUV veered one metre into the westbound lanes.

He struck a 1987 Chevy pickup truck, which launched his vehicle into the path of a 1950 Buick sedan.

The force of the collision sent Iler’s vehicles “airborne” and it rolled over the top of the Buick.

The driver and left rear passenger both died. Three others in the Buick were also injured.

Iler himself was not seriously hurt and court learned he was not impaired, was not speeding and was not using his cellphone at the time of the collision.

Judge dismisses defence

Iler testified on his own behalf during a four-day trial in October, 2024.

He told the court while he doesn’t know exactly what happened he does recall yawning in the moments before the collision.

A yawn, he told the court, which caused his eyes to momentarily close.

“The court is not impressed with his forthrightness and at times puzzled by Mr. Iler’s evasive-like answers,” Justice of the Peace Kelly Jackson said Friday during her hour-long judgment.

“He provided contradictions to his own testimony and at times it seemed like he had a convenient memory as opposed to having genuine memory loss.”

The judge said she didn’t have any medical evidence to prove that a yawn causes a person’s eyes to close and feels it’s “entirely possible” to keep your eyes open.

She said it was the “choice of the driver to surrender over to the yawn.”

The court also learned Iler was on his way to work in Chatham for a shift that started at 7 p.m. The collision occurred at 6:55 p.m., but Iler denied at trial he was running late for work.

Common sense applied

Justice Jackson felt the crown had proven its arguments about negligent behaviour and as such applied common sense to her decision.

“Common sense and logic in this case informs the court that moving into the oncoming lane of traffic is inherently dangerous,” the judge said. “It puts drivers, passengers, pedestrians and cyclists at risk of serious injury or death.”

Justice Jackson noted a “reasonably prudent person” could cross double yellow lines to veer into oncoming traffic if there was some necessity for them to do so; be it a risk or threat in their own lane.

In this case, she said there was no such necessity for Iler to leave his own lane.

“If all the vehicles had stayed in their lane there would not have been a collision,” Justice Jackson concluded.

Court learned the roads were bare and dry and the sun was shining the day of the collision.

Reactions to judgment

Iler made no outward show of emotion when he was convicted on all counts.

Nearly a dozen members of the victims’ families were in the Provincial Offences courtroom just outside of Blenheim for Friday’s judgment.

They too didn’t show an outward signs of emotion, but one family member did nod their head as the judge gave her decision.

Court learned one of the victims who died was married to one of the victims in the Buick who survived the crash.

Sentencing in the OHTA

The sentence for careless driving under the Ontario Highway Traffic Act can be a fine of $2,000-$50,000 and a jail term of two years less a day.

The judge may also consider a licence suspension for up to five years and demerit points can be added to the drivers’ record.

The law does not automatically call for victim impact statements, but both the defence and crown have agreed to give family members the opportunity to address the court on sentencing.

Defence lawyer Alexandra Cardella and Assistant Crown Attorney Ryan Iaquinta both declined an interview, but tell CTV News they will not have a joint submission on sentencing.

A date for sentencing will be set in January 2025 with a potential sentencing hearing date in March.