Does a charge of dangerous driving under s. 249 of the Criminal Code constitute a gross negligence of gross negligence?

The applicant therefore contends that a charge of dangerous driving under s. 249 of the Criminal Code is essentially one of gross negligence of the kind described in McCulloch v. Murray, supra, and that as the grievor was acquitted of that charge, it was not open to the arbitrators to hold him grossly negligent. It is contended that the only question left open for the arbitrators was whether the grievor was guilty of simple or ordinary negligence. I do not accept that submission.

The offence of dangerous driving contained s. 249 of the Criminal Code does not refer to the term “gross negligence”, nor did Cory J. do so in describing the offence in R v. Hundal, supra. Section 249(1) refers to the operation of a motor vehicle “in a manner that is dangerous to the public…”.