Case Law

Driving related decisions by the courts.

CASE LAW - R v Jahani

BC Courts Coat of ArmsThis case results from a cell phone infraction enforcement deployment at the intersection of Marine Drive and Capilano Road in North Vancouver. On October 28, 2015 Masoud Jahani was observed looking down while stopped at a red light. When the constable approached Mr. Jahani's vehicle, he could be seen with a cell phone in his hand. He was directed to the side of the road where he told police that he had been inserting a charging cord into the phone because the battery was low. A violation ticket was issued.

CASE LAW - Trytko v Kafafi

BC Courts Coat of ArmsThis case involves the determination of liability for a two vehicle collision in a traffic circle (referred to as a roundabout in the decision) at the intersection of Jervis Street and Nelson Street in Vancouver. Carrie Trytko was driving northbound on Jervis Street and entered the traffic circle after yielding to traffic approaching from her left. Once in the circle she observed Merdahd Kafafi approaching from her right. The court found that Mr. Kafafi failed to slow as he entered the circle and the two vehicles collided.

CASE LAW - Suran v Auluck

BC Courts Coat of ArmsThis case begins with a street race that took place on August 4, 2008 in Delta. The race ended with one passenger dead and one driver injured. Madam Justice Burke decided liability for the crash on March 24, 2017. She found the driver of the second car involved in the street race 10% liable even though he was not part of the collision and was in police custody when it occurred. What remains to be decided is the amount of damages that the parties are entitled to or will have to pay.

CASE LAW - R v C.J.S.

BC Courts Coat of ArmsC.J.S. is a young person who held a class 8 motorcycle learner's licence. He was participating in a group ride from Campbell River to Gold River on Highway 28. He was seriously injured in a collision near the intersection of McIvor Lake Road when a Prius that he had been following signalled right and turned left. This case is interesting because Justice H.W. Gordon dicusses the defence of necessity and accepts it to acquit C.J.S. on a charge failing to keep to the right of a double solid line contrary to section 155(1)(a) MVA.

HERGOTT LAW - Mom's Impaired Driving Teaches Us a Lesson

Hergott Law logoPaul examines an impaired driving crash in Vernon that occurred in October 2014 and recently concluded in court. Lori Vance is a mother of 4 with an unblemished driving record and was known for making sure that others did not drive while impaired. She made the choice to drive after drinking at a bar one night, running a red light, killing Erin Smith and seriously injuring Lindsey Hauck. Ms. Vance was sentenced to 3 years in jail for causing the death and 1 year concurrent for causing the injury.

CASE LAW - R v Ward

BC Courts Coat of ArmsThis is the story about a fatal collision between an SUV and a motorcycle at the intersection of the Shawnigan Lake Road and the Trans-Canada Highway near the village of Shawnigan Lake on July 7, 2014. Shannon Ward was traveling eastbound on Shawnigan Lake Road and had stopped for the stop sign at the intersection with the Trans-Canada Highway. She waited for a break in traffic and began to turn left and proceed northbound. She failed to see a southbound motorcycle driven by Gerald Loiselle and a collision resulted. Mr. Loiselle died at the scene.

CASE LAW - Gainder v The Minister of Justice

BC Courts Coat of ArmsMandeep Gainder, a novice driver, was discovered sitting in his idling car which emitted a strong odour of marihuana from the passenger compartment. Constable Troughton performed a Standardized Field Sobriety Test on Mr. Gainder who admitted smoking the drug and failed the test. A 24 hour prohibition for drug use was issued by Constable Earle. This suspension was not disputed.

CASE LAW - Mace v Superintendent of Motor Vehicles

BC Courts Coat of ArmsGordon Mace, a 40 year old driver who held a class 7 driver's licence and was part of the Graduated Licencing Program (GLP) received two traffic tickets: a speeding violation from February 21, 2015; and a violation for failing to obey a traffic control device from May 6, 2016. Subsequent to that, the Superintendent sent Mr. Mace a notice of intention to prohibit him from driving for 4 months because of the two violations. On review of that decision, the Superintendent reduced the length of the prohibition to 3 months and applied the prohibition.

CASE LAW - Varga v Kondola

BC Courts Coat of ArmsNicola Varga was late for an Epicure party and was using her iPhone's GPS app to navigate westbound on the Lougheed Highway from the Golden Ears Bridge in Pitt Meadows. She needed to make a left turn at the Park Road intersection so she began to make her way from the acceleration lane across three lanes of traffic to the left turn lane for the intersection. As she crossed from the center through lane to the left through lane she was hit from behind by a delivery truck driven by Bryan Kondola.

CASE LAW - R v Brownson

BC Courts Coat of ArmsNadia Brownson was driving her pickup truck on First Avenue, within a 50 km/h speed zone, in Prince George on a rainy, autumn night. Scotty Bryan and Tony Shubert had been dropped off near the Dominion Street intersection and were crossing First Avenue from north to south near a nightclub. They saw Ms. Brownson approaching but thought that they had sufficient time to cross. They were incorrect. Ms. Brownson's vehicle struck them, killing Mr. Bryan and seriously injuring Mr. Shubert.

Syndicate content

Google Ads