Case Law

Driving related decisions by the courts.

Turning Left Too Sharply

BC Courts Coat of ArmsThis case involves determining the liability for a collision at the intersection of 86 Avenue and 160 Street in Surrey. Joshua Donato had stopped for the stop sign westbound on 86 Avenue turning right onto 160 Street. Lai Quach was driving southbound on 160 Street turning left onto 86 Avenue. They collided in the intersection.

CASE LAW - R v Ghadban

BC Courts Coat of ArmsAli Ghadban was convicted in traffic court for not having a valid driver's licence and for driving without insurance for operating a Motorino XMr on the road in Surrey, B.C. He appealed his conviction on the ground that the Motorino was a motor assisted cycle (MAC) and he was excluded from the requirements to be licensed and insured while operating it.

Open Driver's Door Crash

BC Courts Coat of ArmsThe Motor Vehicle Act forbids opening your vehicle's door on the side next to moving traffic unless it is safe to do so. Ryan Toevs opened his driver's door to enter his truck and escape being side swiped by an approaching SUV driven by Michael Williams. Mr. Williams collided with his door and injured him. The case decides liability for the collision.

CASE LAW - Henderson v McGregor

BC Courts Coat of ArmsThis case involves an instance of road rage involving two drivers, Michael Henderson and Jacqueline McGregor on Highway 99 near the George Massey Tunnel in the Lower Mainland. At the conclusion of the trial, Mr. Justice Walker found that Ms. McGregor had committed an unprovoked assault on Mr. Henderson and assessed almost $35,000 in damages.

CASE LAW - R v Cool

BC Courts Coat of ArmsEmperatriz Cool was stopped in Richmond, B.C. for the offence of using an electronic device while driving. Cst. Schmidt had obtained her driver's licence after speaking with her and then issued a violation ticket. She disputed the ticket, making a no evidence motion at the close of Crown's case. She suggested that Cst. Schmidt had failed to properly identify her as the driver.

CASE LAW - Singh v Lepitre

BC Courts Coat of ArmsSandra Lepitre parked her car at the curb in front of 2871 Aurora Road in North Vancouver and walked to work from there. At lunchtime, Amrinder Singh and Jaskirat Singh Sekhon, who had been working at a nearby construction site, sat on the street in front of Ms. Lepitre's car to eat. While they were there, Ms. Lepitre returned to her car intending to drive off on an errand. She struck both men.

CASE LAW - R v Milne

BC Courts Coat of ArmsThis is a unique case that has created a bit of a media buzz since it's release. Gabriel Milne was driving on the Malahat Highway near Langford and chose to pass a small tourist bus that had slowed aggressively in front of him. He changed lanes to do this and during the lane change noticed a transport truck that was overtaking him move into the left lane as well.

CASE LAW - Eide v Judicial Justice Brent Adair

BC Courts Coat of ArmsJarod Eide was ticketed for using an electronic device while driving on December 13, 2017. He did not enter his dispute of the allegation within the required 30 days of having received the ticket. Subsequently, he applied for an extension of time to dispute on May 11, 2018 and it was denied by Judicial Justice Adair.

Pedestrians in Dark Clothing Crash

BC Courts Coat of ArmsThis collision between a vehicle and two pedestrians dressed in dark clothing takes place at the intersection of Huntingdon Road and Gladwin Road in Abbotsford. It was dark, raining heavily and occurred in an unlit rural area. Sarbjit Parmar and her two childen were crossing Huntingdon northbound in a marked crosswalk when Ms. Parmar and her son were struck by a vehicle driven by Harold Rink.

CASE LAW - R v Nikirk

BC Courts Coat of ArmsIf Tenessa Nikirk could undo the moments in her life that caused this collision, I have no doubt that she would. The bad judgment (and driving) that she exhibited on December 20, 2017 in Saanich lead to a collision with 11 year old Leila Bui in a crosswalk leaving the girl with life shattering injuries that she will never recover from. Nikirk has been convicted of dangerous driving causing bodily injury.