Caledon family seeking justice for teenage son’s death after charge dismissed due to technicality

The tragic death of a young man due to a head-on collision in Caledon last year has resulted in the charge being nullified against the other driver due to a technicality. His family are now looking for justice.

Eighteen-year-old Milo Yekmalian died after a two-vehicle crash on Charleston Sideroad in Caledon in May 2022.

“We saw the cars and from that point on it was like chaos … We jumped out of the car,” shared his father, Alen. His mother Dianne added, “I think we knew instantly. As soon as I saw the car, I knew instantly it was Milo’s car, so it was devastating.”

Yekmalian was an up-and-coming basketball star, who had even started his own charity, with his whole life ahead of him.

Eighteen-year-old Milo Yekmalian. Photo provided by Alen Yekmalian.

“He was just the type of person — you meet him, and you instantly fall in love with him,” said Dianne. “He was just a really kind and gentle-hearted person.”

A few months after the crash, the other driver involved, Tomislav Roki, 67, of Toronto was charged under the Highway Traffic Act with careless driving causing death.

“Not once have we been in court for anything like this, so we just think it’s natural. This is how it unfolds. The outcome of this is going to be the guy is charged or convicted of it and that’s that,” explained Alen.

Instead, it was revealed in court that the detachment court officer, an Ontario Provincial Police Constable, failed to sign the document needed for court proceedings. The officer also didn’t appear at a number of court hearings to testify what was provided was true. However, the OPP says court officers are not required to attend during hearings or appearances.

According to a court transcript, on February 1, Crown Attorney Liana Marcon attempted to argue that this should “not derail what the proper form of dealing with it is… especially on a matter of such seriousness as it is in this circumstance.”

Defence attorney Pavan Bassi argued that the court cannot amend or sign an officer signature on the information. However, Justice of the Peace Neil Burgess declared the information void and dismissed the charge. “If the officer had of signed the statement, I would have found that the information was fine and that we could proceed on the matter.”

“The information, the statement, has never been signed by the officer, and other than his name printed at the top of the information, there’s nothing here from (the officer) as to swearing to the information to be true,” continued Burgess in the court transcript. “I can tell you I am not happy having been put in the position that I need to say that this is a nullity.”

Bassi apologized to the Yekmalian family following the ruling. “It is a very serious matter, a fatality in an accident is tumultuous to anyone. We found it hard to adjudicate this case, but we have to raise every issue fearlessly for the benefit of our client.”

Yekmalian’s father stood up in the courtroom. “I think I had yelled something out like ‘You can’t tell me this is over because of the signature, right? Tell me, my son’s life is worth more than someone’s signature’,” said Alen.

Court transcript for R v Tomislav Roki by CityNewsToronto on Scribd

A spokesperson for the provincial police told CityNews that, “the OPP is looking into the matter and further conversations with Court Services are continuing to review the process.”

The spokesperson also added Caledon OPP is internally reviewing all information and its procedures to ensure this does not happen again.

The Ministry of the Attorney General noted that “the charge in this matter was not withdrawn by the Crown” and that it was the court that “ruled that the Information was a nullity” and offered no further comment.

Despite multiple attempts for answers from the Ontario Court of Justice on the decision, CityNews was told that it “would be inappropriate for the Chief Justice or the Court to provide any comment” because this matter “may continue to be before the court(s),” but provided no further information

The initial charge, under the Highway Traffic Act, cannot be laid more than six months after an incident. The OPP added no grounds were found for a Criminal Code charge in this case.

“It just doesn’t seem right that this person gets to walk away like nothing ever happened. He killed our son and we’re never getting him back,” said Dianne. “[This] is our life sentence. He gets absolutely nothing. It’s despicable.”

Meanwhile, dozens of friends, classmates, even strangers, gathered in a recent snowstorm, to show support for the Yekmalian family. Demonstrators held signs calling for justice.

“When your mistakes cost a life, there should be some accountability. And someone not signing a piece of paper shouldn’t absolve that responsibility,” John MacDonald, a family friend.

“Somebody has to stand up and take accountability for it. Even an apology. These kinds of things can’t fall through the cracks. These are serious matters. This is not just my child’s life, but this could be other people’s,” added Alen.

At this point, the family is beginning to pursue a possible civil case in the matter but emphasize the reason for doing so is the need for some sort of accountability.

Milo’s parents requested a meeting with the Crown and the OPP and have been told they’ll have the opportunity to raise their concerns a few weeks from now.

With files from Meredith Bond

Correction: An earlier version of this story stated that the OPP constable was an investigator. Their title has been updated to detachment court officer.