Case Law

Karen Nishimura was a passenger in a vehicle that was involved in a collision that caused her injury. During her recuperation she used up the banked sick time she had accumulated through her job. Realizing that she might need that sick time if she did not heal from her injury properly or that it would not be available to take as a benefit when she retired, she asked ICBC to compensate her for it.

The case of Jaura v Rosal involves a right angle collision at the intersection of Inverness Street and 49th Avenue in Vancouver. Traffic on 49th Avenue was stopped bumper to bumper in both directions and Ms. Jaura had stopped at the stop sign northbound on Inverness Street. She intended to travel straight through the intersection.

The case of R v Robinson involves disobeying a traffic control device at the intersection of Maclure Road and Babich Street in Abbotsford. In this instance, the traffic control device was the speed limit sign for the road that Mr. Robinson was driving on. The ticket alleged that he had failed to obey a traffic control device, but said nothing further.

The case of R v Gray arises from an incident that occurred on the highway near Round Lake, B.C. A police patrol that was southbound on the highway observed 3 vehicles abreast approaching. The highway was only two lanes wide for northbound traffic so the third vehicle was being driven between the widely spaced solid yellow lines marked in the center of four lanes.

The case of Alagar v Mackay took place near the intersection of Canada Way and Rosewood Street in Burnaby. The incident involved three vehicles, two of which were in the left lane and their drivers did not want to wait for left turning traffic. Lane changes were made that resulted in a crash involving the third vehicle travelling straight through using the right lane.

The case of Russell v Christopherson arose from a collision that occurred on the Trans-Canada Highway near Kamloops. Both drivers entered the Trans Canada Highway eastbound at the Pineview entrance and began to establish themselves in traffic, moving toward the left lane.

The case of Ahmad v British Columbia (Superintendent of Motor Vehicles) involves Syed (Joe) Ahmad who was 86 years old at the beginning of this story. Mr. Ahmad suffered from a number of health issues and based on a DMER submitted by his doctor, the Superintendent of Motor Vehicles requested the results of the in-office cognitive screening tests.

The case of Huang v Wamboldt involves a collision between a driver and a pedestrian at the intersection of East 3rd Avenue and Cotton Drive in Vancouver. Lily Huang was walking westbound on the north side of East 3rd Avenue crossing Cotton Drive and Dwight Wamboldt was driving eastbound on East 3rd Avenue intending to turn left onto Cotton Drive.

The case of White v Sidhu involves a collision at the intersection of 184th Street and 40th Avenue in Surrey. William White was driving his Dodge Ram northbound on 184th intending to turn left onto 40th. Amarjit Sidhu was driving her Honda Accord eastbound on 184th.

The case of R v Tschampa involves the appeal of a speeding ticket conviction in Prince George traffic court. Paige Tschampa was ticketed for driving at a speed of 70 km/h in a posted 50 km/h zone by CN Police Service. She disputed the ticket and was subsequently convicted by the sitting judicial justice.