Case Law

Driving related decisions by the courts.

CASE LAW - Nguyen v British Columbia (Superintendent of Motor Vehicles)

BC Courts Coat of ArmsOn January 13, 2015 Van Nhut Nguyen was sentenced for failing to produce his driver's licence. The penalty was a $750 fine and one year term of probation during which he was not allowed to operate a motor vehicle between the hours of 7:00 pm and 6:00 am. It would appear that this is the result of an incident of driving while being prohibited from doing so.

BC's IRP Program Survives Another Court Challenge

Counsel for Lee Michael Wilson argued that the Approved Screening Device (ASD) result alone could not provide the officer with the reasonable grounds and that the officer was also required to point to other confirmatory evidence. The Supreme Court of Canada ruled today that this is not the case and dismissed the appeal of his Immediate Roadside Prohibition (IRP). The ruling supports the BC Motor Vehicle Act legislation that allows police to quickly and effectively remove impaired drivers from our highways.

CASE LAW - Ferguson v Kennedy

BC Courts Coat of ArmsThis case concerns a collision that occurred on a gravel mountain road near Agassiz, BC. Solomon Kennedy had been passed by a pickup truck that raised a cloud of dust as it passed. Mr. Kennedy was travelling into the sun and was unable to see ahead due to the glare in the dust cloud. Connor Ferguson was travelling in the opposite direction as the pickup passed and saw that the Kennedy vehicle was partly on his side of the road. He sounded his horn and braked to a stop but was struck by the Kennedy vehicle.

CASE LAW - R v Zargarian

BC Courts Coat of ArmsThis is an appeal by Bahman Zargarian from his conviction by a Judicial Justice of the Peace in Provincial Court at Nanaimo on December 19, 2012. Mr. Zargarian's vehicle had been observed in traffic by a constable who visually determined that it was travelling faster than the posted speed limit of 50 km/h. Based on that observation, the constable stopped the vehicle and issued Mr. Zargarian, who was driving, a speeding ticket. Mr. Zargarian disputed the ticket and was convicted in provincial traffic court.

CASE LAW - Shmyr v Superintendent of Motor Vehicles

BC Courts Coat of ArmsIn April of 2014 Michael Shmyr was convicted in Whatcom County Court in the State of Washington of the offence of driving under the influence of alcohol. Mr. Shmyr is a resident of British Columbia and holds a B.C. driver's licence. The State of Washington Department of Licensing subsequently sent a Mandatory Violation Notice to the Insurance Corporation of British Columbia’s (ICBC) Driver Testing and Vehicle Information Department notifying ICBC of the citation and conviction. ICBC noted the violation and conviction on Mr. Shmyr’s BC driving record. Mr. Shmyr next received a Notice of Intent to Prohibit him from driving for twelve months under s. 93(1)(a)(ii) of the Act from the Superintendent of Motor Vehicles.

CASE LAW - Ali v Fineblit

BC Courts Coat of ArmsThis case arises from a collision at the intersection of West 7th Avenue and Pine Street in Vancouver, B.C. A motorcycle driven by Rizwan Ali had stopped at the stop sign on 7th anticipating a left turn onto Pine. Shirley Fineblit was following behind Mr. Ali and decided to pass by him on the left because he had been driving his motorcycle slowly and she thought he was turning right. Mr. Ali turned left and collided with Ms. Fineblit as she passed by.

CASE LAW - Van Bree v Superintendent of Motor Vehicles

BC Courts Coat of ArmsIt looks like British Columbia's Immediate Roadside Prohibition (IRP) program is under a cloud again. In this case Mr. Justice B.C. MacKenzie is asked to stay a driving prohibition issued under the program to Tony Van Bree on May 23, 2015. The basis for the action is that the IRP legislation challenge has made its way to the Supreme Court of Canada and a decision on its validity in law is pending. Justice MacKenzie granted Mr. Van Bree's application for a stay of the driving prohibition pending the outcome of the Supreme Court decision.

Protecting Your Interest After a Hit & Run

Intersection CrashIn response to hearing the siren of an approaching fire engine, Cindy Li slowed in preparation to yield to it. While her vehicle was still moving, it was struck from behind by another car. She stopped, exited her car, walked back to the other car and spoke to the young male driver, requesting that he pull over to exchange information. As she returned to her car, the male drove around her and disappeared from sight.

CASE LAW - McQuillan v Dean

BC Courts Coat of ArmsThis case involves a collision that occurred on Quarry Road in Coquitlam, B.C. Todd McQuillan stopped the Chevrolet Aveo he was driving on the shoulder just past the crest of a hill in order to photograph a bear that had crossed the road in front of him. Madam Justice Gray found that it was possible that part of the vehicle was in the travelled part of the lane. The road has a posted speed of 50 km/h.

CASE LAW - R v Malcolm

BC Courts Coat of ArmsKenneth Malcolm wanted by. He sped up and tailgated a vehicle in the fast lane. When it didn't move out of his way, he changed to the slow lane, overtook and tailgated the vehicle there. That driver braked briefly so that both vehicles had to slow, eventually dropping behind the vehicle that Mr. Malcolm initially hoped would get out of his way. He moved back behind that first vehicle and continued to tailgate it. All of Mr. Malcolm's movements were made at a speed above the posted speed limit.

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