A 52-year-old Markham man, Thamilagan Olivernicholas, has been sentenced to nearly two years of house arrest and three years of probation for a fatal boating collision at Toronto’s Woodbine Beach in 2020.
On Sept. 3, 2020, Olivernicholas was operating a boat at high speed with six friends aboard when he approached the rocky shoreline and lost control while making a sharp turn, Ontario Superior Court Justice Breese Davies said during Thursday’s sentencing. The crash killed a 47-year-old man, seriously injured two people and left four others, including Olivernicholas, with minor injuries.
Olivernicholas pleaded guilty to operating a conveyance causing death and dangerous operation of a conveyance causing bodily harm. Although the Crown sought a four-year prison sentence, Davies imposed two years less a day of house arrest, followed by three years of probation.
Under the sentence, Olivernicholas may leave his home only for work, religious services or emergencies. He must also deliver four presentations to community groups about the dangers of reckless operation and complete 120 hours of community service. During probation, he will be required to give three additional presentations and complete another 180 hours of community service.
In explaining her decision, Davies considered his dangerous conduct, guilty plea, remorse and the consequences for his family. She noted that the victim’s wife described the family’s financial struggles and the challenges of raising three children without their father.
The judge also acknowledged that Olivernicholas had expressed remorse to the victim’s family and recognized that greater care could have prevented the collision. His arrest cost him his gas station franchise licence, leaving his family financially vulnerable because he was their sole income earner.
Davies further noted that he had already completed 170 hours of community service and spoken publicly about the consequences of his actions as part of his rehabilitation.
In addition to his sentence, Olivernicholas is prohibited from operating a boat for 10 years and from contacting any of the victims or their family members.