Case Law

The case of McLeod v British Columbia (Superintendent of Motor Vehicles) and The Attorney General of British Columbia challenges the constitutionality of s. 320.27(2) of the Criminal Code, which authorizes mandatory alcohol screening (MAS) of drivers for the presence of alcohol as an investigatory tool. Norma McLeod and Nicole Quashnick say that it infringes their ss. 8, 9 and 10(b) rights under the Canadian Charter of Rights and Freedoms.

The case of Close v Tigas involves a collision on 18th Street at the lane west of Lonsdale Avenue in North Vancouver. Andria Close was driving her Volkswagen Golf westbound on 18th Street and Ryan Tigas was driving his Mitsubishi Outlander northbound in the lane approaching 18th. Mr. Tigas' view to the east was obstructed by a truck and camper parked to the right of the lane on the south side of 18th Street.

The case of Borgford v Ball involves a collision at the intersection of 190 Street and 34A Avenue in Surrey. Although the speed limit was 50 km/h, both drivers were travelling at about 90 km/h. Ms. Borgford was operating a Dodge Avenger westbound on 34A Avenue and Ms. Ball was operating a Dodge Ram 2500 northbound on 190 Street.

The case of Niyokuku v Cheasley arose from a collision on 76 Avenue at the north exit of the Real Canadian Superstore in Surrey. Ms. Niyokuku turned westbound from the parking lot into the first through lane.

The case of Vora v Adams takes place in the Nakusp area. Douglas Fryer was walking on the right side of 10th Avenue NW because that was the side of the road that street lighting was on. There was no sidewalk, the road was strewn with debris from a previous storm and the shoulders were covered by snowbanks.

The case of Vora v Adams resulted from a collision at the intersection of 96 Avenue at 168 street in Surrey. The crash occurred in darkness, high winds and rain. The questions to be resolved at trial were concerning the headlights on the Vora vehicle and whether the traffic lights were functioning or not.

The case of R v Alderson takes place in Campbell River. It involves Jason Alderson and Michael Brown, who met while Mr. Brown was backing out of a parking lot onto Leishman Road. Mr. Alderson drove by on Mr. Brown's left and was subsequently confronted by him a short distance away.

The case of Small v Kanhai takes place in the Town Center mall parking lot in Coquitlam. A group of teens had gathered there and were watching Kesean Kanhai perform powerslides with a Mini Cooper. One of that group, Matthew Small, decided to leave and attend another gathering.

The case of Dhaliwal v Kakkar arises from a car vs cycle collision on 116 Street in North Delta at the onset of night. Manjit Dhaliwal and a friend were riding bicycles northbound on 116 Street between 94 and 96 Avenues. Neither bicycle was equipped with a light. Sonia Kakkar was backing out of her driveway, did not see the cyclists and collided with Ms. Dhaliwal.

Adrian Vershinin was issued an Intersection Safety Camera ticket for speeding. He disputed the ticket and a trial was held in the North Vancouver provincial court before Administrative Judicial Justice Hayes. Mr. Vershinin argued that the image of the B.C. flag on the licence plate was too indistinct to allow the enforcement officer to determine that it was a B.C. licence plate.