Animer Fatahal-Delil was a deliveryman for Pizza Pizza. He was working, delivering pizza, when he is alleged to have struck and killed Marek Suchowski. The Crown alleged that Fatahla-Delil was negligent in the operation of his motor vehicle and that his dangerous driving caused the death of Mr Suchowski. He elected trial before a judge and jury.

 

Prior to trial the Crown brought a motion to tender evidence of Pizza Pizza’s “30 minutes or its free” policy. The conduct related to the Crown’s theory that there were pizza boxes in a delivery satchel from Pizza Pizza located in an alley near the scene. The Crown alleged that this evidence supports an inference that excessive speed was a factor and one that Fatahal-Delil was concerned about following the incident, given the disposal of the pizzas.  

The defence was not prepared to admit that the 30 minutes or its free policy was in effect at the time of the incident; alternatively if it did exist it had no impact on the driver’s conduct.

O’Marra J held that this evidence of post-offence conduct would be admissible at trial: 2013 ONSC 4012.