Case Law

Driving related decisions by the courts.

CASE LAW - Ilett v Buckley

BC Courts Coat of ArmsThis case examines a collision between a cyclist, Kyle Ilett, and a driver, Leah Buckley, at the intersection of Admirals Road and Seenupin Road in Esquimalt, B.C. Mr. Ilett was riding northbound on the shoulder of Admirals Road nearing Seenupin Road. The shoulder was marked by a single solid white line on both sides of the road. Ms. Buckley was driving her car southbound and turned left onto Seenupin Road when an oncoming driver in slow traffic stopped to allow her to make the turn. Mr. Ilett proceeded through the intersection and collided with the passenger side of Ms. Buckley's car.

CASE LAW - R v Wong

BC Courts Coat of ArmsOne way of preparing for a traffic ticket dispute is to request disclosure from the officer who issued it. It was relatively rare to receive such a request but when one did appear the disputant often asked for everything, including the tread depth of the right rear tire on the police car. It was fairly clear that the request was based on advice found on the internet rather than obtained from a lawyer. Disclosing less than what was requested (but still reasonable in the circumstances) resulted in complaints to the justice at the hearing.

CASE LAW - Olson v Farran

BC Courts Coat of ArmsShortly before 8:40 a.m. on February 17, 2011 Kristin Olson was walking along Jervis Street at Nelson Street in Vancouver, B.C. She was walking in the direction of Davie Street and stopped to watch for traffic before crossing Nelson. She observed a car driven by Ashraf Farran approaching in the distance across the traffic circle.

CASE LAW - R v Nguyen

BC Courts Coat of ArmsThis is a case where a series of bad decisions and defective equipment led to the death of a pedestrian walking on a path beside the highway at Ucluelet. Van Nho Nguyen had performed maintenance on the rear brakes of his truck that resulted in those brakes not functioning correctly. He attached an overloaded boat trailer that had the surge brake removed to the truck and drove from Toquart Bay to Ucluelet. On the way, Mr. Nguyen lost control of the combination. The trailer struck Ms. Lorraine Ennis, who was walking on a pedestrian path beside the highway, dragged her approximately 15 metres, and killed her.

CASE LAW - R v Drake

BC Courts Coat of ArmsOn September 21, 2014 Barry Drake was driving a vehicle on Loughborough Drive in Campbell River, B.C. He was a prohibited driver and had decided to "do doughnuts" in a residential area that is part of the Wei Wai Kum First Nation’s Reserve. The street is marked with a sign that reads “You Are Now Entering Private Land - Please Drive carefully.”

CASE LAW - R v Couldwell

BC Courts Coat of ArmsErin Couldwell was operating his bicycle at the exit of a parking lot onto a lane near the Victoria Police Department headquarters just before 7:00 am on September 25, 2014. His bicycle had neither lights nor reflectors. Constable Horonowitsch had just commenced his dayshift and was approaching the parking lot exit in the lane driving a marked police vehicle with it's normal vehicle lighting on. The constable's view to his right was obscured by shrubbery. Mr. Couldwell collided with the rear of the right front quarter panel of the police car.

CASE LAW - Link v ICBC Appeal

BC Courts Coat of ArmsThis is a case from the BC Court of Appeal that upholds a judgement from the Supreme Court. The incident in question occurred when Peter Link was driving his Jaguar in a snowstorm on Highway 99 between the Highway 10 and Highway 91 exits in Richmond. He was driving at a speed between 40 and 60 km/h when he was passed by an SUV that threw a large amount of snow onto his windshield as it passed by. Mr. Link was unable to see as his wipers could not clear the windshield sufficiently quickly. When he braked he lost control of his vehicle and collided with the median barrier.

CASE LAW - R v Jacobson

BC Courts Coat of ArmsThe police must follow the provisions of the Emergency Vehicle Driving Regulation when they intend to employ the exemption from the rules of the road set out in the Motor Vehicle Act. In this case, Constable Jacobson was driving his police vehicle on Highway 97 at Daimler Drive in West Kelowna approaching a red light. Hoping to save a few minutes arriving at a complaint he activated the police vehicles's emergency lights and siren about 4 - 5 vehicle lengths’ back from the beginning of the left turn lane on Highway 97 going south. He attempted to make a left hand turn in the intersection and was struck by a northbound Jetta.

CASE LAW - R v David

BC Courts Coat of ArmsThis case was sparked by a driver who felt that he was entitled to be next in line at a Tim Horton's drive through in Mill Bay, B.C. He attempted to assert his place by bumping the tire of the pickup truck he felt that he should be in front of. Giving way because of the size difference, this man caught up to the pickup on the highway after they had exited the drive through. He pulled in front of it and braked suddenly several times, finally coming to a stop in the curb lane. He exited his car with a hammer and began to curse and beat on the truck. A passing motorist noted the incident and recorded the car's licence plate number.

CASE LAW - Little v Einarsen

BC Courts Coat of ArmsThis is definitely an odd case! It shows the value of doing regular vehicle maintenance and keeping the receipts to account for it.

Jason Little was walking across the parking lot of a pub in Nanaimo when he was hit from behind by an unoccupied vehicle owned by Lisa Einarsen. Ms. Einarsen had parked the car at the top of the parking lot, set the parking brake, thinks she left it locked and in first gear and went into the pub. Mr. Little sustained significant injury and at the time of the trial some 6 years later could not return to his work because of those injuries.

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