CASE LAW - R v C.J.S.
C.J.S. is a young person who held a class 8 motorcycle learner's licence. He was participating in a group ride from Campbell River to Gold River on Highway 28. He was seriously injured in a collision near the intersection of McIvor Lake Road when a Prius that he had been following signalled right and turned left. This case is interesting because Justice H.W. Gordon dicusses the defence of necessity and accepts it to acquit C.J.S. on a charge failing to keep to the right of a double solid line contrary to section 155(1)(a) MVA.
C.J.S. entered a guilty plea for violating a condition of his licence that required he not drive faster than 60 km/h at the start of the trial, but argued that he was on the wrong side of the double solid line in order to avoid the impending collision. He had not intended to cross the double solid line rather pass between it and the right signalling Prius. Because the driver of the Prius changed direction and started to turn left, he had no choice but to move further left to avoid a crash.