Case Law

Driving related decisions by the courts.

CASE LAW - R v Rock

BC Courts Coat of ArmsKurtis William Rock was an 18 year old who spent the day drinking beer in the park with friends. At the conclusion of the drinking session he loaded two minors in his mother's Buick Rendezvous and entered traffic in the City of Vancouver.

CASE LAW - Burgess v Fisher

BC Courts Coat of ArmsChelsea Fisher was driving westbound on 43 Avenue just past 32 Street in Vernon. She was approaching the intersection where traffic for the mall entered onto 43 Avenue in a T intersection to her right. Robert Karol had stopped at the stop sign to exit the mall parking lot and intended to turn left onto 43 Avenue. He proceeded from the stop sign, did not yield to Ms. Fisher and a collision resulted.

CASE LAW - Deters v Totovic

BC Courts Coat of ArmsThis case from the Supreme Court of BC illustrates the perils of declaring someone to be the principal operator of a motor vehicle during the purchase of insurance where that person is not the principal driver. This case arose, post collision, where ICBC alleged that this was done to avoid paying the proper insurance rates.

CASE LAW - Saffari v Lopez

BC Courts Coat of ArmsA vehicle driven by the plaintiff, Mona Saffari, collided with the rear of a vehicle driven by the defendant, Martin Lopez, and owned by the defendant, Stephanie Pfeifer. At the time, both vehicles were headed from North Vancouver toward Vancouver and had entered the on-ramp to proceed southbound on the Lions Gate Bridge. Mr. Lopez had stopped suddenly on the on-ramp and was held partially at fault for the collision in this judgment.

Taking a Picture of the Driver

BC Courts Coat of ArmsDrivers that fail to produce a driver's license with their picture on it when stopped present a very real difficulty for the officer. Is the driver one that cannot be bothered, did they just forget it this trip, or are they prohibited, unlicensed or impersonating someone else to avoid being charged?

CASE LAW - Schlappner v Serfas and Peknik

BC Courts Coat of ArmsThis case involves a collision that happened at an intersection where one street is controlled by traffic lights and the cross street by stop signs. Dr. Schlappner stopped at the stop sign, saw that the traffic lights were red and proceeded to cross the intersection. While he was crossing, the traffic signal turned green and a vehicle driven by Mrs. Serfas proceeded and collided with him.

CASE LAW - R v Moreno Munoz

BC Courts Coat of ArmsThis case involves a collision where one of the drivers involved was making a left turn at an intersection. That driver, Madame Moreno Munoz was charged for failing to yield on left turn. The trial examines the concept of "immediate hazard" and whether the left turning driver or the driver proceeding toward the left turn driver is required to yield to the other based on the immediate hazard involved.