Kristian Thanas was riding his bicycle southbound in a marked cycling lane on Burrard Street in Vancouver. He noticed a car driven by Joseph Long traveling alongside him with it's right turn signal on as they approached the intersection of Pacific Avenue. Mr. Thanas thought that Mr. Long had neglected to cancel his signal as a right turn at the intersection was not permitted.
Mr. Long did turn right. Mr. Thanas was only about 15 feet away at the time and was unable to stop, striking the rear passenger door of Mr. Long's vehicle, sustaining injury.
Mr. Long alleged that Mr. Thanas had worn brake pads on his bicycle that prevented him from stopping safely. He also suggested that Mr. Thanas should have anticipated his illegal right turn onto Pacific Avenue and avoided colliding with him.
Madam Justice Horsman did not accept this and found Mr. Long to be solely responsible for the collision.