A Toronto city councillor broke down crying outside traffic court Wednesday after learning the charge against a man involved in a collision that saw her knocked off her bicycle would be withdrawn.

“This is a nightmare,” Mary-Margaret McMahon told the Star outside the courtroom. “To say that I’m upset and disappointed would be a huge understatement.”

In July, McMahon tumbled from her bike after a collision involving a vehicle. The avid cyclist and councillor for Beaches-East York sustained scrapes to her left arm and hip and was taken to hospital.

On Wednesday, prosecutor withdrew the careless driving charge against Enrico Ferrara. The charge was withdrawn “as there was no proof of service of the notice of infraction in court,” the prosecutors’ office confirmed in an email to the Star, adding that the charging agency was the Toronto police.

Ferrara’s defence lawyer said the charge was withdrawn due to police error.

“(Police) never told him he was being charged and they never gave him a ticket,” said Ferrara’s defence lawyer, Jessyca Greenwood. “He didn’t know that he had been charged.”

Police were unable to comment to the Star’s questions by Wednesday evening.

Police are required to issue a ticket to an individual within 30 days of the incident, Greenwood said.

Greenwood said her client only found out he was charged in October when the court issued him a notice that he was being convicted of the offence because he had not requested a trial date. Greenwood then applied to have the case reopened for trial, which was set to happen Wednesday.

“Our evidence would have shown that my client was driving properly,” said Greenwood.

Walking outside the courtroom, McMahon began to cry and hugged her husband, Jim.

McMahon said the police officer involved in the case told her the charge was withdrawn due to an “administrative glitch.” She praised the officer involved in her case but was frustrated by the error.

“It’s deplorable. You’re dealing with people’s lives and justice,” she said, adding that the justice system “absolutely” failed her. “Careless driving is a serious charge. I could have been killed.”

McMahon said she was waiting to hear back from the officer involved in the case and then plans on investigating the issue herself.

“It’s a serious problem,” she said. “How can we prevent this from happening again?”

Greenwood said her client was “relieved” the charge was withdrawn. He had planned to plead not guilty, she said.

“I know it appears to Mary-Margaret that my client got off on a technicality but we were prepared to litigate the case on its merits,” she said.

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There is no possibility police can re-lay the charge because the statute of limitations – six months – had passed since the incident, Greenwood said.

The collision incident occurred on a Sunday morning in July at Woodbine Ave. and Gerrard St., said McMahon. She said she was cycling across the street at a green light when a vehicle hit her, causing her to fall into traffic.