Case Law

Driving related decisions by the courts.

CASE LAW - R v Taylor

BC Courts Coat of ArmsJewel Taylor was issued a 3 count violation ticket in North Vancouver and in February of 2016 paid the fines shown on the ticket. She subsequently received a bill from ICBC for the point penalties involved totalling $640. Shortly after that she applied for an extension of time to appeal her conviction. She was 18 months late in doing so according to the Criminal Rules of the Supreme Court of British Columbia.

I Want a Copy of the Radar Manual

BC Courts Coat of Arms imageOccasionally someone preparing to dispute their speeding ticket would ask me to give them a copy of the radar manual for the device that I used to check their speed. Instead, I would offer them the opportunity to come to the detachment and sit down in the interview room with it to plan their defence. This may not have been enough according to the courts.

CASE LAW - R v Beheshti

BC Courts Coat of ArmsThis case involves Doctor Benham Beheshti who was a physician at a hospital in Port Moody and lived in Vancouver. On August 30, 2015 he was on call and summoned to the hospital to treat a seriously ill patient. He was stopped for speeding on Pender Street and issued a traffic ticket by a member of the Vancouver Police Department.

Pedestrian Failing to Yield

image of pedestrian crossing signShan Khan was a pedestrian trying to cross 152nd Street at 81st Avenue in Surrey. She crossed to the median barrier dividing the four lanes of traffic and waited for the approaching vehicles to stop. When the vehicle using the lane nearest to her did stop, she began to cross. Unfortunately the driver behind that vehicle did not stop, changed lanes to pass it and struck Ms. Khan.

CASE LAW - R v Rahmani

BC Courts Coat of ArmsThis is an appeal to the Supreme Court over the dismissal of a number of violation tickets by Judicial Justice Adair. In each case the justice decided to dismiss these traffic tickets because they took too long to proceed to trial. Neither the Crown nor the disputants involved had any input into these decisions.

Determining Liability for a Bicycle Collision

BC Courts Coat of ArmsThe case of Salo v ICBC involves a bicycle collision that took place at an intersection with North End Road on Saltspring Island. Mr. Salo was seriously injured in the incident and sued ICBC. He claimed that an unidentified driver who was at the scene was responsible for the collision and asked the court to determine liability.

No Notes for Laser Testing

BC Courts Coat of ArmsThis case involves a laser speed measuring operation and a team of observer and interceptor. During the trial the accused's lawyer raised the issue of the laser operator not making written notes on the testing of the laser for accuracy both at the start and the end of the officer's shift.

CASE LAW - Eller v British Columbia (Ministry of Transportation and Infrastructure)

BC Courts Coat of ArmsWilliam Eller represented the Aspen Road Community's interests in this action against the Ministry of Transportation and Infrastructure's (MOTI) proposed changes to the Malahat Highway intersection serving their area. The action was taken because the residents felt that the MOTI failed to incorporate their concerns into the improvement project. An injunction was requested to prevent the changes being made until the safest design for the affected area was determined in full consultation with the residents.