CASE LAW - Ali v Fineblit
This 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.
Madam Justice Gerow examined the provisions in the Motor Vehicle Act regarding slow driving, keeping to the right and multiple sections with regard to passing or overtaking. She said "As set out earlier, Mr. Ali’s motorcycle struck Ms. Fineblit’s vehicle when he was turning left. Mr. Ali did not see Ms. Fineblit until the collision. There is a dispute as to whether Mr. Ali signalled that he was making a left hand turn, and whether Ms. Fineblit acted reasonably in passing him on the left when he was stopped. For the following reasons, I find Ms. Fineblit 100% liable for the accident."