Driving related decisions by the courts.
This decision of the B.C. Supreme Court examines the situation where two opposing vehicles approach an uncontrolled intersection. One is turning left (Swartz) and the other is proceeding straight through (Najdychor).
This is a case of failing to stop for a red light with evidence produced from a red light camera. Mr. Eged, a lawyer, attempts to have the charge quashed.
Wendy Dubbin was charged for failing to wear her seatbelt while using Highway 5 near Kamloops. She challenged the ticket under the Charter of Rights and Freedoms saying that seatbelts are dangerous because she might be injured or killed in an incident that she might survive if she was not wearing one.
This is a Small Claims Court case where Mr. Lee is attempting to recover damages from Mr. Cheuck following a minor motor vehicle collision where ICBC found both parties partially at fault. Both parties were proceeding in the same direction some distance apart. Both intended to turn right at the intersection ahead. Mr.
In this case Mr. Gotsutsov's vehicle was destroyed by fire. ICBC found nothing in its investigations to substantiate Mr. Gotsutsov’s involvement in the loss of the vehicle by fire. ICBC however maintains that insurance coverage under the policy is forfeited because Mr. Gotsutsov allegedly made a willfully false statement in respect of the claim.
This is still another example of a Charter argument for unreasonable delay with regard to a dispute hearing for a traffic ticket. In this case, the delay amounted to 13 months and 3 weeks and Mr. Podger was successful in showing that the delay caused a prejudice to his ability to conduct his defence. A judicial stay of proceedings was entered on the charge.
This is another case of a Charter argument over delay in proceeding to trial. The speeding ticket dispute took 17 1/2 months from offence to trial date and Mr. Pearson testified that this was too long, causing him serious prejudice. Rather than letting the judge infer the prejudice from the time period alone, Mr.
Idris Gencoglu parked his large truck on the north side of Alberni Street in Vancouver at about 3:00 in the afternoon. He checked his rear view mirrors and opened the driver's door to exit, stepping into the street. In order to retrieve some items from the truck he had to step up onto the running board and spent some time with the driver's door open into traffic while he gathered them.
This case discusses care and control of a motor vehicle while impaired. The woman, seat belted in the driver's position, was the only occupant of an idling vehicle parked at the curb. Investigation by ambulance paramedics and police revealed that the woman did not have a medical problem and was impaired by alcohol.
This is an examination of the application of Driving Without Due Care and Attention under section 144(1)(a) of the Motor Vehicle Act. In this instance the driver of a van pulled across the path of an oncoming motorcycle because the driver, Goldade, felt that he had sufficient time to clear the motorcycle's lane before it arrived. The misjudgment precipitated a collision in which the driver of the motorcycle died.