The man found to be responsible for the death of a toddler in 2013, after the SUV he was driving smashed into a restaurant patio, and pinned and killed two-year-old Geo Mounsef, has been granted bail as his case goes to appeal.

Richard Suter was initially sentenced to four months behind bars, after pleading guilty to refusing to provide a breathalyzer in that May, 2013 crash.

In 2016, the Alberta Court of Appeal increased his sentence to 26 months.

Suter’s lawyer has appealed that decision to the Supreme Court of Canada, and that court has agreed to hear the case – his lawyer plans to argue that Suter’s sentence should be reduced back to four months.

On Tuesday afternoon, Richard Suter was granted bail by a judge, and he will remain out of jail until his appeal is heard.

Mounsef’s mother Sage Morin spoke to CTV News Tuesday about the decision.

“This road to justice has been so long, and it’s been full of unimaginable heartaches and the smallest of victories and so it’s frustrating having to sit in court for hours listening to the denial of responsibility,” Morin said. “It’s just another jab in the heart.”

Suter’s lawyer said he was the first to share the news with his client.

“He’s feeling relieved, I spoke with him less than an hour ago and he got the news from me, so he’s just grateful and prepared to move forward,” Dino Bottos, Suter’s defence lawyer said late Tuesday afternoon.

Bottos said Suter will be released Wednesday afternoon.