VANCOUVER – A day after The Supreme Court of Canada rejected her request to have her conviction overturned, Carol Berner is expected to learn the outcome of another appeal in the B.C. Court of Appeal.
She’s seeking to have her sentence of two and a half years reduced.
Berner was convicted in 2010 for the May 17, 2008 crash that killed four-year-old Alexa Middelaer as she was feeding a horse in the 4300-block of 64th Street. Middelaer’s aunt was also hit and suffered critical injuries in the crash.
She was found guilty on charges of impaired driving causing death, impaired driving causing bodily harm, dangerous driving causing death and dangerous driving causing bodily harm.
On Wednesday, Canada’s top court denied her request for appeal, though as is its custom, the court provided no reason for the decision.
The little girl was feeding a horse on the side of the road in Ladner with her aunt when Berner swerved and struck the pair.
During the trial, court heard that Berner had drunk a third to half a bottle of wine and was driving in excess of 90 kilomteres an hour in a 50 km/h zone.
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