Ontario man guilty of dangerous driving, but not assault, after 20-km road rage chase ends in fist fight
An Ontario driver who met “the very definition of ‘road rage'” when he chased another vehicle for more than 20 kilometres down a wet 400 series highway at high speeds in the dark, dodging in and out of traffic and repeatedly flashing his high beams into the car ahead, while “pissed off” and intent on a confrontation, has been found not guilty of assault causing bodily harm in a clash that left the other driver with his leg broken in two places.
The Ontario Court of Justice judge found David Duke guilty of dangerous driving for the Dec. 2, 2023, chase from Toronto, where Highway 401 meets Highway 427, one of the largest interchanges in Ontario, to Major MacKenzie Drive, in Vaughan. But he couldn’t convict Duke for breaking Jason Tremblay’s right leg, once the chase came to a close at the intersection of Albion Vaughan Road and Queensgate Boulevard in Bolton.
“In the welter of conflicting evidence about a matter that likely only took seconds to ignite and mere moments to finally fizzle out, I am unsure whether the tumult that ensued was not a consensual fist fight,” Justice Richard H.K. Schwarzl wrote in a recent decision.
“I am unable to say with confidence that the injury suffered by Mr. Tremblay was caused by any felonious act or intent by the defendant.”
The road rage half marathon began on a dark and rainy night around 6 p.m. The court heard the “traffic was moderate to heavy both west and north.” Tremblay and his girlfriend, Kelsi Francis, were driving in a Honda Civic from Etobicoke to Bolton to have dinner with friends.
“As they turned north onto Hwy 427 from the 401, Tremblay noticed a Dodge Ram driven by Mr. Duke. Like Tremblay, Duke was driving to Bolton and he, too, was entering Hwy 427 from the 401,” said the judge.
Both vehicles “were parallel to one another going north. While each driver has a different memory of the particulars, both drivers believed the other was trying to jostle for position in the northbound lanes,” Schwarzl said in his decision, dated Oct. 6.
“Tremblay felt that Duke was being aggressive while Duke believed that Tremblay was trying to prevent him from merging safely into Tremblay’s lane. Whatever the cause, both drivers were clearly peeved with the other as they continued northbound side by side. Mr. Duke testified that he was aggravated, agitated, and annoyed by Tremblay’s behaviour.”
Both Tremblay and Duke, who was heading home, rolled down their windows during the jockeying, said the judge.
“Words and gestures were exchanged as they sped north on the highway,” Schwarzl said.
“Tremblay claimed that Duke careened into his car and sideswiped his Honda, whereas Duke said that while they were close enough to yell at each other, Tremblay reached out and broke the passenger side mirror of his pickup truck.”
Each of them denied the other’s claim.
“What is undisputed,” said the judge, “is that for a short time on Hwy 427 these two drivers were mutually engaged in an unfriendly competition for lane space. Mr. Duke testified that he was verbally aggressive, pissed off, and upset with Tremblay but denied he was angry.”
Tremblay moved ahead in the Civic and began to drive away from Duke.
“He said that Mr. Duke was tailgating him and flashing the high beams of his truck while pursuing him, matching his lane changes as they drove past the other traffic until Tremblay turned off Hwy 427 onto Major Mackenzie Drive, some 20 plus kilometres from where they first encountered each other,” said the judge.
Duke followed Tremblay, who he said “‘was definitely trying to avoid me’ by going in and out of traffic.”
He “acknowledged staying two or so car lengths behind Tremblay while flashing his high beams at speeds faster than the other traffic.”
Duke testified “that he wanted Tremblay to pull over so that he could complain about the perceived damage to his mirror, but Tremblay refused.”
Duke’s lawyer argued “that while Mr. Duke’s driving was not ideal, it did not rise to the level of a ‘marked departure’ for someone in his circumstances,” said the decision. “They submit that his driving may have been careless, but it was not criminal.”
Both men exited onto Major Mackenzie Drive.
“Aware that Mr. Duke was behind them, Tremblay pulled over to the shoulder whereas Duke stopped on the road,” said the decision.
“He agreed that he had no reason to turn onto Albion other than to confront Tremblay and that he ‘was still pissed’ at Tremblay but was emphatic that he was not looking for a fight.”
Both men go out of their respective vehicles.
“Tremblay recalled that Duke walked towards him, and he punched Duke in the face before any words were spoken because he said he was afraid Duke would attack him,” said the decision.
“Duke testified that after checking the side mirror Tremblay came at him and sucker punched him in the face.”
Both men “went to the ground and wrestled,” said the judge.
“Other than Tremblay’s punch it is unclear if either punched or kicked the other after they fell together.”
During what Schwarzl termed a “fracas,” Tremblay’s right tibia and fibula both broke just above the ankle, “resulting in the need for surgery to repair the injury and months to recover. Mr. Tremblay was not sure how his leg was injured. A bystander separated Duke and Tremblay at which point Duke took off in his pickup truck.”
Duke’s lawyer told the court that, “given that Tremblay threw the first and only punch, there is a reasonable doubt that the defendant was doing anything other than defending himself from Tremblay,” said the decision.
“They argued that while it is true that Mr. Duke wanted to confront Mr. Tremblay, Mr. Duke’s intentions did not escalate from the verbal to the physical. Finally, they submit that the injury to Mr. Tremblay was accidental and not caused by any deliberate act by Mr. Duke.”
But according to the Crown, “it is beyond any doubt that Mr. Duke intended to pursue and confront Mr. Tremblay,” said the decision.
“They point out that Mr. Duke admitted to being angry once he stopped and, they say, he was spoiling for a fight as comeuppance to Tremblay for what happened on the highway.”
The judge found that “Duke was extremely perturbed by Tremblay and was clearly the aggressor, which is evidenced by his hot pursuit of him.”
Schwarzl said that Duke “confronted Tremblay at the roadside in Bolton to seek satisfaction for the perceived slight on the highway.”
But the judge also found that “Mr. Tremblay was angry with Mr. Duke and, despite his better judgment and the advice of Ms. Francis, decided to get out of his car. Both men had enough of each other.”
The judge invited both lawyers to make sentencing submissions down the road on Duke’s dangerous driving conviction.
“I must render a verdict of not guilty on the charge of assault causing bodily harm,” Schwarzl said.
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