Driving related decisions by the courts.
The 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.
The case of R v Kafka involves a crash between a pickup truck and truck tractor that was making a wide left turn. The pickup driver passed the heavy truck over a double solid line thinking that the truck was moving right to park at the side of the road.
This 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.
William 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.
Harvey Truax stopped his empty B train combination on the shoulder of Highway 1 near Sorrento, B.C. He allowed the 4 vehicles that had been following him to pass by before he started to make a left turn across the highway into a pullout. His left signal was in operation and he had 300 to 400 m. of highway visible behind him. Finding no overtaking traffic, he began to move from the shoulder into the pullout across the highway.
Do you have $212,000.00 in spare disposable income? This case assigns liability for an impaired driving crash where ICBC denied the claim because the driver responsible was impaired by alcohol at the time. Driving while impaired by any substance puts a driver in breach of their insurance policy conditions and allows ICBC to recover claims costs from the driver.
This case results from a cell phone infraction enforcement deployment at the intersection of Marine Drive and Capilano Road in North Vancouver. On October 28, 2015 Masoud Jahani was observed looking down while stopped at a red light. When the constable approached Mr. Jahani's vehicle, he could be seen with a cell phone in his hand. He was directed to the side of the road where he told police that he had been inserting a charging cord into the phone because the battery was low. A violation ticket was issued.
This case involves the determination of liability for a two vehicle collision in a traffic circle (referred to as a roundabout in the decision) at the intersection of Jervis Street and Nelson Street in Vancouver. At the time there were no yield signs posted making this an uncontrolled intersection and requiring drivers to yield to the right.
This case begins with a street race that took place on August 4, 2008 in Delta. The race ended with one passenger dead and one driver injured. Madam Justice Burke decided liability for the crash on March 24, 2017. She found the driver of the second car involved in the street race 10% liable even though he was not part of the collision and was in police custody when it occurred. What remains to be decided is the amount of damages that the parties are entitled to or will have to pay.
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.