A Brampton man plead guilty on Thursday, February 11, 2021 in Superiour Court in Cobourg to two counts of dangerous driving causing death in a horrific crash that occurred on August 3, 2017 on Highway 401 at Port Hope.
Todd Gardinier (age 26) from Newcastle and his cousin Michael Glazier (age 35) from Guelph were on their way to a family golf tournament for the weekend when the 2016 Volvo cab and trailer driven by Baljinder Singh (age 56) slammed into their pickup truck which had almost stopped as a result of construction.
Both vehicles along with another were consumed by fire. The two cousins died at the scene.
Singh was charged with two counts of dangerous driving causing death and two counts criminal negligence causing death.
On Thursday, February 11, 2021, Singh plead guilty to two counts of dangerous driving.
The proceedings were held by way of video with Superior Court Justice Jocelyn Speyer presiding, Crown Attorney Russell Wood, Defense lawer Sunny Vincent representing Singh and a interpreter.
When the first charge was read to the court concerning Gardinier, Singh’s response was, “yes I am guilty.”
Reading the second charge concerning Glazier, Singh again replied, “guilty.”
Crown Attorney Russell Wood read the agreed statement of facts to the court that indicated Singh’s, “driving caused the death of Todd Gardiner and Michael Glazier.”
On August 3, 2017 Singh was heading eastbound along Highway 401 at approximately 10 p.m. in the Port Hope area.
Singh was heading down a hill west of Ontario Street and was able to see traffic was backed up to a near by the Ontario Street overpass.
“Stopped traffic could be seen over the Ontario Street bridge from the middle of the descent.”
“Brake lights could be seen from the backed-up traffic.”
A MTO camera is situated on the Ontario Street overpass determined the speed at which Singh’s transport was travelling was at a minimum speed 86.8 kilometres per hour to a maximum speed of 88.8 kilometres per hour, with an average speed of 87.6 kilometres per hour.
Singh’s transport did not change speed over the three seconds it was visible on the MTO camera travelling eastbound.
Singh’s transport changed lanes at the Ontario Street overpass from lane two to lane three, passing a transport truck with multiple clearance lights, resulting in a clear view ahead, for Singh’s transport. Two to three seconds passed from the point that the Singh’s transport completed the pass of the transport truck with the multi clearance lights, to the point of the collision with the pickup.
Wood said it was a clear night and visibility was good stating Singh would have had a clear view of the vehicles ahead for 28 seconds or 780 metres (nearly one kilometre) at the 100 kph posted speed limit prior to the collision.
The Chevy Silverado the two men were seatbelted in had a OnStar which recorded a speed change as a result of the collision. When Singh’s transport struck the pickup in the rear, the pickup went from 14 kilometres per hour to 72 kilometres per hour in a “fraction of a second,” stated Wood.
Another transport driver saw the backed-up traffic and had no trouble stopping stated Wood.
The transport truck involved in the collision passed Z. K.-B. who was decreasing his speed, and Z. K.-B. was going approximately 85 to 90 kilometres per hour. Mr. K.-B. described the transport truck as going way too fast, and the transport truck literally, “blew passed him.”
Long, loud skidding was heard prior to the collision. Singh’s 2016 Volvo had less than two years use at the time of the collision.
There were no issues with the maintenance or identifiable issues with Singh’s transport prior to the collision.
Construction taking place on the night of the incident from Burnham Street, to kilometre 489 from shortly after 7:00 p.m. to shortly before 3:00 a.m. There were lane closures on the eastbound 401 on the night of the incident, east of the collision location starting about 500 metres west of Burnham Street.
The collision caused by Singh involved four vehicles, his transport, a Chevy Silverado, driven by Todd Gardiner with Michael Glazier as a passenger; a red Volkswagon Jetta., and a Freightliner transport truck.
Singh’s transport truck struck the rear of the Chevy Silverado. The Chevy Silverado then struck the rear of the red Jetta, causing the Jetta to collide with the rear right corner of the Freightliner transport truck with an Ideal Trailer. Singh’s transport continued eastbound, forcing the Chevy Silverado to collide with the Freightliner transport truck with the Ideal Trailer. Singh’s transport truck struck the eastbound Chevy Silverado when both were in lane three of Highway 401.
The speed of Singh’s transport just prior to, or at the point of colliding with the Chevy Silverado, was 89 to 92 kilometres per hour.
The Chevy Silverado hit the red Jetta 0.48 seconds later. The occupants in the Chevy Silverado had their seatbelts on. The collision occurred at approximately 10:00 p.m. Singh’s transport was observed to go passed a transport truck parked on the shoulder of the road, at a “much higher speed” than other vehicles traveling the same distance.
“No other vehicle caused the collision.”
Singh’s transport truck and trailer brake components were intact.
There was no evidence that Singh had consumed any alcohol or drugs.
In the Agreed Statement of Facts, Wood said, Singh would have been able to see, and did see, the brake lights of the stopped traffic as he travelled eastbound at the top of the hill, prior to
the Ontario Street overpass.
“The accused could have safely slowed down.”
“The accused chose to not slow down, but instead, chose to maintain his speed, despite knowing there was stopped traffic.”
“The accused maintained, approximately, the same speed from left (east) of the Ontario Street overpass to the point of collision.”
The accused chose to pass the transport truck with the multi-clearance lights as a result of the accused maintaining the same speed, because the transport truck with the multi-clearance lights was decelerating. The driver of the transport truck with the multi-clearance lights chose to decelerate, because he or she knew that vehicles were stopped just ahead.
Singh put on his left-turn signal when he was in lane three, because he planned to make a lane change from lane three to lane two as opposed to find himself suddenly in a situation where he had to veer left.
“Even if all the accused did was not keep a proper look-out, there is evidence that the accused had a clear view for 28 seconds or 780 metres, if travelling at 100 kilometres per hour while coming eastbound on highway 401, before the Ontario Street overpass became a view obstruction.”
Family members of the two innocent victims were also in the video court holding pictures of their loved ones.
Singh has no criminal previous record.
Superior Court Justice Speyer ordered a pre-sentence report for the next court appearance on April 6, 2021 at 9:30 a.m. where the court will also hear Victim Impact Statements.
Sentencing is expected to take place on April 19, 2021.
Author: Pete Fisher
Has been a photojournalist for over 30-years and have been honoured to win numerous awards for photography and writing over the years. Best selling author for the book Highway of Heroes - True Patriot Love
