Case Law

Driving related decisions by the courts.

Green Light: Look Before You Go

image of a green lightA green light doesn't always mean go unless you've had a good look to make sure that there are no hazards present before you proceed. Jennifer Biggers learned this when the vehicle she was driving collided with Carol Murdoch, who was crossing quickly in a marked crosswalk against a red light at the intersection of Blanshard Street and Saanich Road in Victoria.

CASE LAW - Ormiston v ICBC

BC Courts Coat of ArmsDixon Ormiston fell from his bicycle and sustained serious injury after being forced against a concrete abutment by a vehicle that veered into his path while he was passing it on the right side. Of interest in deciding the liability in this case is the examination of passing on the right, both by a vehicle driver and a cyclist.

CASE LAW - R v Alexander

BC Courts Coat of ArmsBrian Alexander was stopped for excessive speeding in Kamloops, B.C. He was issued a traffic ticket for excessive speed and police attempted to impound his vehicle for seven days as required by the Motor Vehicle Act. Mr. Alexander responded that he had no intention of giving up his vehicle, sat inside it and refused to get out when required to do so by the officer.

Harsh Impaired Driving Sentence

anti impaired driving imageThis is a case involving impaired driving where the driver provided breath samples of 110 mg%. Crown Counsel made the decision to charge the driver with driving without due care and attention instead of impaired driving. The driver pled guilty at the trial and received a fine of $400 and a driving prohibition for 6 months.

CASE LAW - R v Bekkers

BC Courts Coat of ArmsClare Bekkers spent the evening at a friend's residence in Victoria drinking and using cocaine. The following day she collected her young children and headed home to Nanaimo. When she started her journey that day at 12:30 pm her blood alcohol level was between 93 and 148 milligrams of alcohol per 100 millilitres of blood. There was some indication that she may have consumed beer in her vehicle on the way home.

Entering Angle Parking

BC Courts Coat of Arms imageThe case of Haughian v Jiwa determines liability for a crash on Sunset Street in Burnaby. The driver who caused the crash was trying to enter an angle parking space improperly and was struck by the driver following behind her in the adjacent lane. What is unique in this incident is that the spaces here requires a driver to back in.

Failing to Take Reasonable Care

BC Courts Coat of ArmsRoad users, drivers, cyclists and pedestrians, have a duty to take reasonable care for themselves and others. If they do not follow the traffic rules they assume a heightened duty of care according to the courts. In this case both the driver and the cyclist involved failed to do so and collided with each other.

CASE LAW - Spencer v Superintendent of Motor Vehicles

BC Courts Coat of ArmsIn this case, Kristen Debra-Lee Spencer challenges an Immediate Roadside Prohibition (IRP) in a Supreme Court Review of an adjudicators decision upholding the IRP on review. Ms. Spencer was issued the IRP for being in care and control of a motor vehicle, having alcohol in her body and refusing to provide a breath sample on the demand of a police officer.

CASE LAW - Wong-Lai v Ong

BC Courts Coat of ArmsMrs. Wong-Lai and her husband were crossing Prior Street between Gore and Dunlevy in Vancouver to return to their car. They were struck by a car driven by Mr. Ong. The older couple were not able to cross the street quickly, had chosen to cross where there was not a crosswalk on a wide, busy street at night in a heavy rain.