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Ian Douglas Burns, 28, has been convicted of dangerous driving causing bodily harm following an incident on June 26, 2013 in which the truck he was driving struck Stephan Hidasi.
In his ruling, Justice Mark Takahashi said there were inconsistencies in Burns testimony and at times it was in contradiction to testimony from a friend of Burns who was in the truck when the incident happened.
Takahashi said he accepts that Burns vehicle did hit Hidasi “putting the life of Mr. Hidasi in danger.”
Takahashi said Burns could have stopped the truck, but was under the influence of alcohol and tried to use the size of the truck to intimidate Hidasi and force him off the dirt road where the incident happened.
Burns was travelling at five to 10 km/h when Hidasi was struck.
“This is a low-speed, completely avoidable accident,” said Takahashi. “Mr. Burns intentionally drove at him.”
The situation began when Hidasi, a BX/Swan Lake volunteer firefighter, went to investigate a possible forest fire in Hartnell Road area of the BX.
While trying to locate the fire, Hidasi walked up a dirt road at around dusk when he noticed a pick up truck sitting near a bonfire. He then used his cell phone to tell responding firefighters it was not a wildfire, but a bonfire – when the truck started up and turned down the dirt road towards him.
Hidasi said he was standing near the middle of the gravel road as the truck approached him at five to to 10 km/h.
While talking to BX/Swan Lake Fire Chief Bill Wacey on the phone, Hidasi realized he was going to be hit.
Hsaid when the truck was six feet away he realized it was not going to stop and so he ran to the side of the road and jumped to try and get out of the path of the oncoming vehicle.
Hidasi claims the truck struck him on the hand, arm and hip – spinning him around a quarter of a turn. Hidasi said he also used his hand to slap the truck's mirror out of the way so it would not hit him in the head as it passed by.
Takahashi is expected to deliver his sentence Wednesday.
