CASE LAW - Banic-Govc v Timm

BC Courts Coat of ArmsNada Banic-Govc was approaching the exit of a parking lot at a slow speed intending to exit onto 1st Avenue in Surrey, B.C. by turning right. Gregory Timm approached the parking lot on 1st Avenue intending to turn left and enter it. The two drivers collided in the parking lot exit.

Section 156 MVA was discussed:

The defendant’s belief that s. 156 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 prohibits a left turn over a double solid line is incorrect. The effect of s. 156 is that a driver intending to turn across a double solid line in order to leave a highway must first determine it was safe to do so without affecting the travel of another vehicle. The defendant did not make that determination.

Mr. Justice Affleck found that Gregory Timm had "cut the corner" as he entered the lot and struck the other vehicle and so was 100% at fault for the collision. A total of $720,000 in damages was awarded to Ms. Banic-Govc.