74 While in his factum counsel for the appellant characterized this issue as one of causation, in argument before us and indeed in his factum he dwelt upon there being a failure to comply with the modified objective test set forth in Hundal v. Her Majesty the Queen, 1993 CanLII 120 (SCC), [1993] 1 S.C.R. 867 where, at p. 888, Cory J. stated: It follows then that a trier of fact may convict if satisfied beyond a reasonable doubt that, viewed objectively, the accused was, in the words of the section, driving in a manner that was "dangerous to the public, having regard to all the circumstances, including the nature, condition and use of such place and the amount of traffic that at the time is or might reasonably be expected to be on such place". In making the assessment, the trier of fact should be satisfied that the conduct amounted to a marked departure from the standard of care that a reasonable person would observe in the accused's situation.
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