Case Law

The case of Blackburn v HMTQ, RCMP and Leyh occurred at the intersection of Ferry Avenue and Highway 16 West in Prince George. A member of the RCMP was responding to a rollover collision with injuries when he proceeded through a red light at low speed and collided with a car driven by a deaf person who passed by other traffic that was stopped to allow the police vehicle to clear the intersection.

The case of R v Ashir answers the question "Do I have to slow down in a school zone if it is a Pro-D Day?" The definition of "a regular school day" was examined by Judicial Justice Gordon during the dispute of a traffic ticket for speeding in a school zone on Oswego Street in Victoria.

Altab 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.

This 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.

This case was heard in the BC Supreme Court in front of The Honourable Mr. Justice Burnyeat. Ali Maasoumian has an unenviable driving record. He accumulated 17 penalty points and the Superintendent issued a notice prohibiting him from driving for 8 months.

In this case before The Honourable Mr. Justice G.R. Gaul, the plaintiff, David Vagramov is suing the defendant, Shaun Zipursky for damages resulting from a motor vehicle collision at an uncontrolled intersection.

In 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.

11 year old Allan Chen was riding his skateboard on a steep sidewalk beside 10th Street in New Westminster.  He could not stop on reaching the intersection with Royal Avenue and rode into the path of traffic where he was struck by a car driven by Juan Beltran.

The 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."

This is a case decided by the BC Court of Appeal in 1994. It has relevance today for requests for disclosure to prepare a defence for traffic court. A quick look at many internet sites will find advice that you should ask for everything except the dirt in the floor mats of the police vehicle and if the police don't supply it the case will be dismissed.