Driving related decisions by the courts.
This is the story of a two vehicle collision that happened in the uncontrolled intersection of Jervis Street and Gordon Avenue in Port Coquitlam, B.C. Michelle Olchowy was travelling south on Jervis Street and Clifford Tomkulak was travelling east on Gordon Avenue. Ms. Olchowy entered the intersection within a second or fraction of a second of Mr. Tomkulak.
William Vance was riding an unlicenced, uninsured off road motorcycle southbound on 198 Street in Langley, B.C. He was not wearing a helmet and was exceeding the speed limit. Cristine Cartwright was eastbound on 21 Avenue and had stopped at the stop sign before entering 198 Street intending to turn northbound. Vision was limited for drivers on 21 avenue looking northbound by roadside vegetation.
Delores Lewis was required to take the computer based version of the DriveABLE test and failed. The Superintendent of Motor Vehicles directed ICBC to cancel her driver's licence. Reconsideration of this decision was possible if she was able to provide a report from her doctor indicating that she was medically fit to drive. This was provided and Ms. Lewis took the test a second time. The result of the second test indicated that her abilities had declined. Her licence remained cancelled.
The case of Lutter v Smithson arises from a fatal collision following a 19th birthday party. An impaired guest drove away from the party and caused a crash that killed a taxi driver and injured his passenger. The party hosts asked the court for a summary judgment dismissing all claims against them.
The officer was mistaken your worship, I was talking on my wallet, not my cell phone! Bhavjit Thandi attempted to set up an innovative defence to a charge of using an electronic device while driving by making a second pass through the check with his wallet held up to his ear. He was stopped again and recorded the interaction with another constable.
On December 13, 2008 at about 11:00 pm Van Tan Tran was driving southbound on Nanaimo Street in Vancouver, B.C. At the intersection of East 29th Avenue his vehicle collided with a vehicle being driven by William Edbrooke who was travelling westbound on East 29th and had slid through the stop sign on snow covered pavement.
Frank Potestio added four hazardous moving violations and one fail to wear seatbelt violation to his driving record between August 29, 2009 to May 9, 2011. He was sent a warning letter on June 19, 2011. Mr. Potestio committed two further driving offences on February 2, 2012 and was sent a letter placing him on probation for six months effective March 8, 2012.
The collision referenced by this case occurred on Cornwall Avenue just east of Walnut Street in Vancouver, B.C. Marianne Dupre was riding her bicycle westbound on Cornwall and was being overtaken by a car driven by Teresa Patterson.
Mr. Victor Shymanski was charged with disobeying a traffic control device after he drove his commercial vehicle past a regulatory sign requiring him to stop and check his brakes. He was convicted at trial.
On September 12, 2007, the plaintiff, Mr. Prem Singh, was travelling northbound on Scott Road (also known as 120th Street) in Surrey, B.C. As Mr. Singh went through the intersection, he hit a westbound RCMP vehicle driven by Constable Kerri Parrish who was responding to an emergency call of a man with a knife threatening to stab a child.