Case Law

Driving related decisions by the courts.

CASE LAW - Eide v Judicial Justice Brent Adair

BC Courts Coat of ArmsJarod Eide was ticketed for using an electronic device while driving on December 13, 2017. He did not enter his dispute of the allegation within the required 30 days of having received the ticket. Subsequently, he applied for an extension of time to dispute on May 11, 2018 and it was denied by Judicial Justice Adair.

CASE LAW - Parmar v Rink

BC Courts Coat of ArmsThis collision between a vehicle and two pedestrians takes place at the intersection of Huntingdon Road and Gladwin Road in Abbotsford. It was dark, raining heavily and occurred in an unlit rural area. Sarbjit Parmar and her two childen were crossing Huntingdon northbound in a marked crosswalk when Ms. Parmar and her son were struck by a vehicle driven by Harold Rink.

CASE LAW - R v Nikirk

BC Courts Coat of ArmsIf Tenessa Nikirk could undo the moments in her life that caused this collision, I have no doubt that she would. The bad judgment (and driving) that she exhibited on December 20, 2017 in Saanich lead to a collision with an 11 year old girl in a crosswalk leaving the girl with life shattering injuries that she will never recover from. Nikirk has been convicted of dangerous driving causing bodily injury.

CASE LAW - Burroughs v Chiasson

BC Courts Coat of ArmsMelissa Burroughs, an RCMP officer, was driving a marked police car westbound on First Avenue in the curb lane at Young Road in Chilliwack, B.C. She observed a truck pulling an uninsured trailer and attempted to pursue it by making a left turn onto Young. Jennifer Chiasson was driving eastbound on First Avenue and collided with the police vehicle in the intersection.

CASE LAW - R v Partridge

BC Courts Coat of ArmsOn August 21, 2018 Philip Partridge was observed by police looking downward while driving. After being stopped, it was noted that he had a cellphone wedged between the folds of the passenger seat with the screen facing him. The screen was not lit when the officer looked inside Mr. Partidge's vehicle.

CASE LAW - Block v Schmitt

BC Courts Coat of ArmsChristina Block was driving eastbound on Yarrow Central Road near No. 3 Road in Yarrow. She and her family were returning from the movies. Kevin Schmitt was driving westbound and veered into the Block's lane, causing a sideswipe collision. Ms. Block pulled over and stopped but Mr. Schmitt did not.

CASE LAW - R v Jackson

BC Courts Coat of ArmsOn November 7, 2018 Cst. Neid was participating in a two person enforcement operation where he was the observer beside Highway 33 in Kelowna. In his evidence he states that he observed Corinne Jackson driving toward him "shovelling" food from a bowl into her mouth and was not holding the steering wheel.

Cst. Neid estimate the speed of Ms. Jackson's vehicle at 60 km/h in the 50 km/h speed zone.

CASE LAW - Jory v Pereira

BC Courts Coat of ArmsThis case resolves liability for a collision that took place at the intersection of Rutherford Road and Cedar Ridge Place in Nanaimo. A car was being driven eastbound on Rutherford Road by Gordon Pereira at a speed of between 80 and 115 km/h in the 50 km/h municipal speed zone. A van driven by William Jory stopped at the stop sign northbound on Cedar Ridge Place and then began to turn west on Rutherford Road.

CASE LAW - R v Gleeson

BC Courts Coat of ArmsThis is a road rage incident that occurred near Saanich starting on McKenzie Avenue near Glanford Avenue and proceeding westbound. A pickup truck driven by Adam Gleeson engaged with a car driven by Ms. Kirkpatrick in what could be described as an episode of road rage culminating in Mr. Gleeson pulling up beside Ms. Kirkpatrick and spitting on her. This resulted in Mr. Gleeson being charged with assault and dangerous driving.

CASE LAW - Marcena v Thomson

BC Courts Coat of ArmsAriston Marcena and his wife decided to cross Yates Street just east of Cook Street in Victoria. When two vehicles in the lane closest to them stopped for his wife, Mr. Marcena urged her to cross the two lanes (not in a crosswalk) at a jog as he assumed that traffic was going to wait. Barry Thomson was riding his motorcycle in the next lane over and did not stop. He struck and injured both Marcenas.

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