**some people may find some details of this story to be distressing**

A new trial has been ordered for the former TTC bus driver who hit and killed a 14-year-old girl just before Christmas 2015.

Amaria Diljohn was hit by a turning bus at Finch Ave E and Neilson Rd moments stepping off of it. The girl who friends and family call "Momo" was in the crosswalk facing a green light. The bus was turning right on red.

Dhanbir Shergill initially faced criminal charges of dangerous driving causing death and failing to remain at the scene of a crash. Ontario Court Justice Aston Hall dropped those charges in June 2016. A year later, Hall dismissed a Highway Traffic Act charge of careless driving.

It is on that careless driving charge that the Superior Court of Justice has ordered Shergill to stand trial again.

In a November decision Justice Katherine Corrick writes that the lower court "erred in misapprehending the evidence, and in misapplying the law of careless driving".

Corrick feels that the text of Hall's ruling either ignored presented evidence or failed to explain why it should be discounted.

"It's like being back in grade six when your math teacher says 'maybe you got the right answer, but I need to see you got there'," explains NEWSTALK 1010 legal analyst Ed Prutschi.

CTV Toronto

Corrick says Hall did not address the fact that a man seated near the front of the bus is sure he saw a person standing on the sidewalk just before the crash even though no one was visible on surveillance video.

"The appeal court is basically saying you need to consider both sides of it. You might well reject what the person on the bus says they saw, but you have to address it, you can't ignore that piece of evidence."

Corrick takes issue with the lower court's decision leaving out evidence presented by a police crash scene reconstructionist entirely.

The officer testified that in his opinion, the driver of the bus would have been able to avoid hitting Diljohn had he been looking in the direction he was going and would not have run her over had be braked as soon as the bus hit her.

The officer also told the court he believed Diljohn stepped into the crosswalk before the bus stopped moving from a stopped position at a red light.

Corrick believes Hall also erred by leaving discussion of the fact that the bus was facing a red light while Diljohn had a green out of his decision.

"If the trial judge accepted this evidence, it would have led to the conclusion that Ms. Diljohn-Williams had the right of way," Corrick writes.

A new trial date has not yet been set.

The TTC revealed in 2016 that Shergill was no longer working for them.