Case Law

Driving related decisions by the courts.

CASE LAW - Jaura v Rosal

BC Courts Coat of ArmsThe case of Jaura v Rosal involves a right angle collision at the intersection of Inverness Street and 49th Avenue in Vancouver. Traffic on 49th Avenue was stopped bumper to bumper in both directions and Ms. Jaura had stopped at the stop sign northbound on Inverness Street. She intended to travel straight through the intersection.

CASE LAW - R v Robinson

BC Courts Coat of ArmsThe case of R v Robinson involves disobeying a traffic control device at the intersection of Maclure Road and Babich Street in Abbotsford. In this instance, the traffic control device was the speed limit sign for the road that Mr. Robinson was driving on. The ticket alleged that he had failed to obey a traffic control device, but said nothing further.

CASE LAW - R v Gray

BC Courts Coat of ArmsThe case of R v Gray arises from an incident that occurred on the highway near Round Lake, B.C. A police patrol that was southbound on the highway observed 3 vehicles abreast approaching. The highway was only two lanes wide for northbound traffic so the third vehicle was being driven between the widely spaced solid yellow lines marked in the center of four lanes.

CASE LAW - Alagar v Mackay

BC Courts Coat of ArmsThe case of Alagar v Mackay took place near the intersection of Canada Way and Rosewood Street in Burnaby. The incident involved three vehicles, two of which were in the left lane and their drivers did not want to wait for left turning traffic. Lane changes were made that resulted in a crash involving the third vehicle travelling straight through using the right lane.

CASE LAW - Ahmad v British Columbia (Superintendent of Motor Vehicles)

BC Courts Coat of ArmsThe case of Ahmad v British Columbia (Superintendent of Motor Vehicles) involves Syed (Joe) Ahmad who was 86 years old at the beginning of this story. Mr. Ahmad suffered from a number of health issues and based on a DMER submitted by his doctor, the Superintendent of Motor Vehicles requested the results of the in-office cognitive screening tests.

CASE LAW - Huang v Wamboldt

BC Courts Coat of ArmsThe case of Huang v Wamboldt involves a collision between a driver and a pedestrian at the intersection of East 3rd Avenue and Cotton Drive in Vancouver. Lily Huang was walking westbound on the north side of East 3rd Avenue crossing Cotton Drive and Dwight Wamboldt was driving eastbound on East 3rd Avenue intending to turn left onto Cotton Drive.

CASE LAW - R v Tschampa

BC Courts Coat of ArmsThe case of R v Tschampa involves the appeal of a speeding ticket conviction in Prince George traffic court. Paige Tschampa was ticketed for driving at a speed of 70 km/h in a posted 50 km/h zone by CN Police Service. She disputed the ticket and was subsequently convicted by the sitting judicial justice.

CASE LAW - McLeod v British Columbia

BC Courts Coat of ArmsThe case of McLeod v British Columbia (Superintendent of Motor Vehicles) and The Attorney General of British Columbia challenges the constitutionality of s. 320.27(2) of the Criminal Code, which authorizes mandatory alcohol screening (MAS) of drivers for the presence of alcohol as an investigatory tool. Norma McLeod and Nicole Quashnick say that it infringes their ss. 8, 9 and 10(b) rights under the Canadian Charter of Rights and Freedoms.