Case Law

Driving related decisions by the courts.

CASE LAW - R v Berner

BC Courts Coat of ArmsThis is the provincial court decision rendered by Judge P.D. Gulbranson finding Carol Ann Berner guilty of all charges arising out of the death of Alexa Middelaer and the serious injuries caused to her aunt, Daphne Middelaer.

Deaf Drivers and Sirens

BC Courts Coat of Arms imageDeaf drivers are handicapped because they may miss auditory cues like sirens, horns, or engine sounds. This often results in heightened reliance on vision causing fatigue, but many develop strong visual skills and use technology to compensate. This often makes them safer drivers.

CASE LAW - R v Ismail

BC Courts Coat of ArmsAltab Ismail has a significant driving record and owes ICBC money from an unresolved collision debt, so his driver's license was canceled when he made no attempt to satisfy the debt. From Mr. Ismail's point of view the difficulty lay in the fact that he worked as a delivery driver and required a driver's licence in order to earn his living.

CASE LAW - Cue v Breitkreuz

BC Courts Coat of ArmsThis case heard before Justice N. Smith examines a collision that occurred when a car driven by Miquel Cue stopped in traffic to make a left turn and was struck from behind by a truck driven by Roy Breitkreuz. Cue told the court that he had been waiting to turn left for approximately 5 seconds when he was struck by Breitkreuz.

CASE LAW - R v Reid

BC Courts Coat of ArmsIn the case of R v Reid, Judge Lemiski examines an incident in which Reid was the driver of a motor vehicle that fatally injured a young boy in a parking lot. Reid parked her vehicle, failed to place the gear selector in park, and then mistook the gas for the brake, pinning the boy between her vehicle and a building.

CASE LAW - R v Irwin

BC Courts Coat of ArmsThe case of Regina v Derek William Irwin looks at the charge of Dangerous Driving under section 249 of the Criminal Code of Canada. Dangerous driving is "a marked departure from the standard expected of a reasonably prudent driver."