The courtroom fell silent, a chilling prelude to the images about to be displayed. Justice David E. Harris, his voice grave, warned everyone present – both in person and watching online – to prepare themselves. “Brace yourselves,” he said. “It will be troubling.”
David Smith already knew the weight of what he was about to see. Months had passed since the devastating collision on June 8, 2023, but the viral dashcam footage haunted him. It showed a Mississauga transit bus, relentlessly approaching stopped traffic on Derry Road, near Rexwood Road. He’d delayed watching it, dreading the moment he’d confront the final moments of his sister’s life.
Crushed within the wreckage was a grey Nissan Rogue, and behind the wheel, his beloved sister. The image, replayed in the courtroom, was a brutal echo of that day. “It’s hard knowing that’s the last moment of her life right there,” Smith whispered, his voice thick with grief.
Baljeet Dhaliwal, the bus driver, stood trial, pleading not guilty to dangerous operation causing death. Smith and his family, united in their sorrow, filled the courtroom, each wearing a T-shirt bearing his sister’s smiling face and the poignant words, “Forever in our hearts.”
His sister, a 50-year-old youth social worker and devoted mother, was simply on her way to work. She was, her brother explained outside the courthouse, the very heart of their family. “She can’t be replaced,” he said, the weight of the loss palpable in his words. “She was a focal point of our family.”
Kennedy Bening, a passenger on the bus, testified that he saw the driver using her phone while they were stopped. He recalled the moment of impact vividly. “There was a red light. Every car must be stopped,” he stated. “She didn’t stop.” The bus plowed into the stationary traffic, sending nine people to the hospital and ultimately claiming his sister’s life.
Immediately after the crash, Bening checked on Dhaliwal, who assured him she was unharmed. He then overheard her telling her supervisor that the accident was due to “brake failure.” This claim would become the central point of contention in the trial.
The courtroom monitor flickered to life, displaying the silent, horrifying footage. Bus No. 1308 approached the line of stopped cars with alarming speed, showing no sign of deceleration. It slammed into the back of the Nissan Rogue, violently pushing it forward into another SUV and a taxi, triggering a chain reaction of destruction.
The bus continued its relentless forward momentum, finally coming to rest on the sidewalk, its shattered windshield offering a fragmented view of the devastation. The scene was a tableau of twisted metal and shattered lives.
Dhaliwal, 49, received treatment in hospital and was later charged four months after the incident, following a thorough investigation by Peel Police. Transit maintenance manager Darren Ridings testified that there were no known brake issues with the bus, and records indicated regular inspections had revealed no problems. He deemed a missing record “highly improbable.”
MiWay mechanic Jason King described the bus as being “in terrible condition” when he arrived at the scene. He noted that police struggled to tow it because the brakes were locked. He discovered an air leak causing the emergency brake to remain engaged, and had to remove the rear brake pads to release them. Despite the damage, he reported, “Everything looked fine.”
The fate of all involved now rested on the evidence, and the testimony of experts. A Crown expert was scheduled to provide a detailed assessment of the bus’s braking system, a crucial piece of the puzzle in determining the truth behind the tragic collision.
