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Drunk driver Carol Berner denied hearing at Canada’s highest court

Carol Berner, right, convicted of impaired driving in the death of four-year-old Alexa Middelaer, waits inside Provincial Court after arriving for her sentencing in Surrey, B.C., on Friday November 12, 2010.

DARRYL DYCK/The Globe and Mail

Convicted drunk driver Carol Berner will carry that title for the rest of her life.

The B.C. woman has lost her bid to have Canada's highest court hear the appeal of her conviction for the 2008 crash in Delta that killed four-year-old Alexa Middelaer and seriously injured the child's aunt.

As usual, the Supreme Court of Canada does not offer reasons for refusing to hear an appeal.

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Berner's lawyers unsuccessfully petitioned B.C.'s high court to throw out the conviction, arguing new information could exist and her car was improperly handled by police and insurance investigators, but the Court of Appeal ruled the guilty verdict was reasonable considering the available evidence.

The Supreme Court of Canada will not reconsider that finding.

Berner's appeal of her 30-month sentence and five-year driving ban is set to be heard by a panel of appeal judges Thursday morning in Vancouver.

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