Case Law

Driving related decisions by the courts.

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.

CASE LAW - R v Erfani

BC Courts Coat of ArmsMana Erfani received a two count traffic ticket for not having a valid driver's licence and using an electronic device while driving. She intended to dispute both counts, but on the advice of an insurance agent, paid the fine for the no driver's licence count. On the date set for the trial of the use electronic device count, Ms. Erfani failed to appear and was deemed convicted.

CASE LAW - Dhaliwal v Randhawa

BC Courts Coat of ArmsGurpreet Dhaliwal and Herman Randhawa were driving southbound on 152nd Street approaching 76 Avenue in Surrey, British Columbia. Mr. Randawa attempted to change lanes and, in doing so, struck the driver’s side of Mr. Dhaliwal’s car with the passenger side of his vehicle. At trial, he said that he had shoulder checked, noted the Dhaliwal vehicle behind him and felt that it was safe to change lanes. Mr. Dhaliwal must have accelerated to get though the intersection before the light changed and contributed to the collision.

CASE LAW - Bayfield v British Columbia (Ministry of Transportation)

BC Courts Coat of ArmsChristine Bayfield was driving her van southbound on the Inland Island Highway in rainy and wet road conditions. She overtook a logging truck to avoid being sprayed by the water it picked up off the pavement. As she passed, she lost control, began to rotate and left the pavement, rolling over in the median. She was traveling at about the posted speed limit of 110 km/h. Aside from speed, a contributing factor to the incident was insufficient tire tread. Mr. Justice Affleck found her to be partially at fault because she was driving too fast for the highway conditions at the time.

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