MANDEL: Stiff sentence upheld for young unlicenced drunk driver who killed Richmond Hill dad

Court of Appeal found no error in trial judge's conclusion that nine-year sentence was appropriate

Published Jul 10, 2026  •  3 minute read

Peyman Masoomi Fard (pictured above) was killed by a drunk driver. A judge dispatched unlicensed driver Fereidon Hayatibahar to prison for nine years after finding him guilty of killing Fard and severely injuring his wife and 12-year-old son, as well as injuring another motorist in a 2019 collision. Photo by SUPPLIED /TORONTO SUN

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The Court of Appeal has confirmed that the days of easy time for drunk drivers who kill is finally over.

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In 2022, Fereidon Hayatibahar was sentenced to a stiff nine year sentence after the unlicenced and drunk teen driver raced down Yonge St. in Richmond Hill in his friend’s Mercedes at almost four times the speed limit, zig-zagging around slower vehicles, before losing control and slamming head-on into the victim’s car.

Peyman Masoomi Fard, a 44-year-old engineer at Magna, suffered “absolutely gruesome injuries” and his wife and 12-year-old son were forced to watch helplessly as first responders failed to save him.

Superior Court Justice Joseph Di Luca convicted Hayatibahar, who was 19 at the time of the crash, with criminal negligence causing death, impaired driving causing death, and three counts each of criminal negligence causing bodily harm and impaired driving causing bodily harm.

He was found to have had a blood alcohol concentration between 178 to 210 mg/100ml at the time of the collision – more than double the legal limit.

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‘Predictable and devastating set of consequences’

“This was not a momentary lapse of judgment. This was a prolonged course of conduct that ended with an entirely predictable and devastating set of consequences,” the judge said in sentencing him four years ago. “The recipe for this needless tragedy involved a young man with lots of bravado, but no driver’s licence, a blood-alcohol concentration over twice the legal limit and a powerful motor vehicle driven at what can only be described as ‘crazy’ speeds.”

Hayatibahar argued the surprising prison term was “demonstrably unfit” for a first-time offender who continues to insist it was his friend who was behind the wheel on that August night in 2019.

Ontario’s highest court disagreed.

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“In recent years, sentences for dangerous and impaired driving offences have increased,” wrote Justice Gary Trotter on behalf of the three-judge panel. “This is a response to amendments to the Criminal Code and a reflection of a growing recognition of the seriousness of these offences – both their high moral blameworthiness and the devastating impact that they have on our communities.”

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The Court of Appeal found no error in the trial judge’s conclusion that a nine-year sentence was appropriate. “Nor is the sentence imposed demonstrably unfit. As noted, sentences for these offences have increased in recent years.”

Court also rejected appeal of conviction

They also rejected Hayatibahar’s appeal of his conviction. He had argued that his Charter rights had been violated and police got the wrong man.

Di Luca found he’d spent Aug. 18, 2019 drinking with his friend Farbod Riazi, who had been driving them in his mom’s Mercedes SUV at “very high speeds” before passing the keys over to Hayatibahar, a recent landed immigrant from Iran with no licence to drive.

The disaster was inevitable.

When York Regional Police arrived at the horrific crash scene, they found two males outside the Mercedes that had flipped on to its sided, each pointing fingers at the other when asked who’d been driving. Both were initially arrested but it was the marks on their shoulders from their seat belts that eventually pointed to Hayatibahar – his went from top left shoulder to right hip – as the one behind the wheel. Police also found the Mercedes key in his pocket.

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The appeal court found the trial judge made no legal error in concluding Hayatibahar was driving at the time or in finding that his arrest had been lawful.

Hayatibahar also argued that his blood was unlawfully seized and his convictions should be reduced to dangerous driving causing death – without the impaired component. He lost here as well. Trotter said the trial judge had “other formidable evidence of impairment” to conclude he was drunk while driving, even without the blood sample results.

So he must do his time and, when he’s done, he’ll be subject to deportation back to Iran.

Hayatibahar lost on all fronts. But perhaps one day he can count this as a success – his case has been cited at least nine times by other courts in the country to justify higher sentences for impaired drivers.

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