CASE LAW - McQuillan v Dean
This 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.
Robert Dean overtook the parked vehicle at a speed in excess of the limit. He was unable to stop or move over in time and collided with the Aveo. Mr. Dean was found to be entirely responsible for the collision as he was driving too quickly, at a rate which was both greater than the speed limit and inappropriate for the visibility obstruction arising from the hill.