Her Majesty the Queen v. Marius Nedelcu (March 16, 2012)
Case # 34228
The respondent took the victim for a ride on their employer’s motorcycle. The victim wasn’t wearing a helmet and suffered permanent brain damage after the motorcycle crashed. The respondent was charged with dangerous and impaired driving causing bodily harm and was also sued by the victim and his family. In discovery, the respondent claimed he couldn’t remember what happened that evening but at trial he provided a detailed account of the accident. The Crown sought leave to cross-examine the respondent on his discovery evidence, which the trial judge approved. The issue on appeal is whether civil discovery evidence can be used to impeach the credibility of an accused who chose to testify.