Court heard cross-examination of defendant Neil Skjodt and closing statements from both sides on Friday, wrapping up a five-day trial.
Now a judge will return with a decision on the matter.
Skjodt faces one count of careless driving under the traffic safety act.
On April 13, 2020, 10-year-old Charles McIntyre was hit by an SUV while crossing the street with his father and younger brother at a crosswalk in The Crossings shopping area.
The boy later died from his injuries.
The Crown cross-examined Skjodt Friday morning, asking if he had an opportunity to have a clear, unobstructed view of the sidewalk where McIntyre was walking with his family before entering the crosswalk.
Skjodt said that was correct, but couldn’t calculate how much of the sidewalk was visible.
The crown also asked Skjodt, of the sidewalk area he could see, whether he didn’t see a full-grown, six-foot-tall man and two boys, both roughly 54 inches tall, one of which was carrying a bright orange stick, to which Skjodt also replied was correct.
In closing statements, defense counsel Greg White asked the court to consider the testimony of Charles’ father, Lee McIntyre, who testified earlier this week he did not make eye contact with the SUV’s driver.
White said while pedestrians have the right of way at a crosswalk, nothing absolves them from taking measures to ensure their safety, saying Lee decided it was safe to proceed without confirming eye contact.
The crown submitted the driver should have paid attention to finding a clear, unobstructed view of the west sidewalk to see any possible pedestrians.
She added Skjodt admitted having trouble seeing the sidewalk ahead through a fence and construction at the time of the incident, arguing it is his duty as the driver to proceed at a safe speed to ensure there were no pedestrians.
The parties will return to court on Sept. 15 to determine a date for judge Timothy Hironaka to deliver his decision.
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