BC's highest court has quickly dismissed a bid by Carol Berner to avoid jail time.
Within minutes of closing today's hearing in the BC Court of Appeal the three judges came back and said it was dismissed and they would deliver their reasons at a later date.
Berner could still file another appeal with the Supreme Court of Canada, but she must start serving her two and a half year sentence today.
She has only served two weeks before being granted bail in 2010.
She killed four year old Alexa Middelaer in May of 2008 when her speeding car crashed into the child and her aunt as they were feeding a horse.
Alexa's father was in court for today's decision.
Michael Middelaer says he is not expecting berner to end the battle, which has now dragged on longer than his daughter was alive.