CASE LAW - Borgford v Ball

BC Courts Coat of ArmsThe case of Borgford v Ball involves a collision at the intersection of 190 Street and 34A Avenue in Surrey. Although the speed limit was 50 km/h, both drivers were travelling at about 90 km/h. Ms. Borgford was operating a Dodge Avenger westbound on 34A Avenue and Ms. Ball was operating a Dodge Ram 2500 northbound on 190 Street.

Justice Fleming found that Ms. Borgford failed to stop before entering the intersection and that both drivers breached the prohibition on careless driving in Section 144 MVA

Based on my evaluation of the extent to which each party departed from the standard of care, I apportion the liability for the Accident 65% against Ms. Borgford and 35% against Ms. Ball.

Of interest in this case is the discussion of Section 175 MVA which determines which driver has the right of way when a driver that has stopped at a stop sign wishes to enter a through highway and there is traffic approaching. Contrary to what many drivers may expect, the driver that has stopped at the sign may have right of way over cross traffic to enter the intersection.