Driver given $1,200 fine, partial driving prohibition after accident that killed B.C. toddler

Mounties in Squamish are investigating after two people were hit by a vehicle in the parking lot in front of the Independent Grocer in their jurisdiction Friday night. (Twitter/@SquamishRCMP)

Vancouver -

The driver involved in a tragic crash that killed a toddler in Squamish, B.C., last year has been fined $1,200 and given a temporary partial driving prohibition.

Nikaya Simone Peiksar pleaded guilty to driving without due care in the Feb. 28, 2020 accident near a grocery store on Garibaldi Way, according to court documents that were recently posted online.

Judge Reginald Harris's decision notes that Peiksar was sentenced under the Motor Vehicle Act, and not for a Criminal Code offence. Harris says distinguishing between the two "is critical," explaining that a motor vehicle infraction "is triggered by a much lesser degree of moral culpability."

Harris's decision says the two-year-old victim was with her mother, identified only as Ms. Takacsova, on the evening of the accident. It was raining and dark at the time, though there was some lighting in the area. The documents say the two walked from the grocery store to the road and stopped to wait for a vehicle to pass.

The documents say Peiskar was also waiting for the vehicle to pass, then made a left turn into the walkway where Takacsova was already with her daughter, crossing the road. While turning, the court heard, Peiksar hit both Takacsova and her daughter.

Emergency responders arrived on scene but could not save the toddler. The young child was identified in her obituary as Ava, though court documents identify her as Eva. 

Court documents say Takacsova had a bruised and swollen foot from the incident. She also has a back injury, concussion, migraines "and a broken heart."

"Her stay in hospital was brief and although her physical injuries have largely abated, her heart remains broken," Harris says in his ruling.

Peiksar was arrested at the scene and fully co-operated with investigators, the decision says.

"There is no evidence that Ms. Peiskar was under the influence of drugs or alcohol," the judge found, adding that speed also wasn't a factor.

"Speculation is the lighting, the rain, the road glare, the passing vehicle, vehicle design, walking layout, driver inexperience and failure to pay complete attention all contributed to the tragedy."

Several letters written on Peiksar's behalf speak to the grief she feels for Ava and her family.

"Her feeling of pure remorse, and shame is real," a letter submitted by a personal friend says.

"There have been days she couldn’t get out of bed, devastated by what has happened to the other family and being a mother it has hit home. She will never forget the incident that unfolded, and will have to live with it for the rest of her life."

In a victim impact statement, Takacsova says she is "left to pick up the pieces of this mess on a daily basis."

"For me and my family, she dies every single day all over again – every time we see or experience something new, knowing we will never have another memory with her," Takacsova's statement says.

"I will never be able to hold her or kiss her or smell her hair or tell her that I love her."

The judge's decision says it's clear Ava's mother "suffers greatly" and "is fearful at the sound of sirens, she has lost all joy, and seeing children in their daily activities causes her anguish." The court also heard Takacsova describe tension in her marriage because of her "husband’s perspective that she is somehow responsible" for the toddler's death.

In referencing several other cases, Harris says in his decision that "while the consequences of Ms. Peiskar’s lapse are horrific, her driving behaviour was not at the high end of the continuum for the offence of 'driving without due care and attention.'"

Counsel argued for a fine of $2,000 and an 18-month prohibition. Defence, however, argued for a fine between $1,200 and $1,500. In the end, Peiksar was ordered to pay $1,200 and was placed under a four-month probation.

Part of that probation includes driving restrictions. Peiksar is not to drive a vehicle except during daylight hours and only to drive her children to school, activities or to visits with family. She may also drive to and from work.

"The sentence imposed is not intended, nor, should it be interpreted as reflecting of the value of the life lost or the injury suffered," Harris says in his decision.

"Nothing I say or do would ever adequately reflect the value or the beauty of the life lost."