Case Law

Driving related decisions by the courts.

CASE LAW - Who Was the Driver?

BC Courts Coat of ArmsThe case of Somers v MacLellan involves a single vehicle collision with two vehicle occupants that occurred one night on the Old Fort Loop Road in Fort St. John. Cody Somers was ejected from the vehicle and Richard McLellan remained inside. The court must determine who the driver was to assign liability.

ICBC - No Compensation for Use of Sick Days

ICBC LogoKaren Nishimura was a passenger in a vehicle that was involved in a collision that caused her injury. During her recuperation she used up the banked sick time she had accumulated through her job. Realizing that she might need that sick time if she did not heal from her injury properly or that it would not be available to take as a benefit when she retired, she asked ICBC to compensate her for it.

CASE LAW - Look Before You Go

BC Courts Coat of ArmsThis is a driver's version of what we teach our children to keep them safe. Look both ways before you cross the street! Nikolai Arcilla failed to follow this simple rule as he crossed Inverness Street at 49th Avenue in Vancouver. A crash resulting in a vehicle rollover was the result.

CASE LAW - R v Robinson

BC Courts Coat of ArmsThe case of R v Robinson involves disobeying a traffic control device at the intersection of Maclure Road and Babich Street in Abbotsford. In this instance, the traffic control device was the speed limit sign for the road that Mr. Robinson was driving on. The ticket alleged that he had failed to obey a traffic control device, but said nothing further.

Passing to Avoid a Collision

BC Courts Coat of ArmsThe case of R v Gray arises from an unsafe passing incident that occurred on the highway near Round Lake. A police patrol that was southbound on the highway observed 3 vehicles abreast approaching. The highway was only two lanes wide for northbound traffic so the third vehicle was being driven between the widely spaced solid yellow lines marked in the centre of four lanes.

CASE LAW - Ahmad v British Columbia (Superintendent of Motor Vehicles)

BC Courts Coat of ArmsThe case of Ahmad v British Columbia (Superintendent of Motor Vehicles) involves Syed (Joe) Ahmad who was 86 years old at the beginning of this story. Mr. Ahmad suffered from a number of health issues and based on a DMER submitted by his doctor, the Superintendent of Motor Vehicles requested the results of the in-office cognitive screening tests.

CASE LAW - Cutting Corners

BC Courts Coat of ArmsThis case decides the liability for a collision at the intersection of 184th Street and 40th Avenue in Surrey. Was the collision caused by a driver cutting corners or a driver failing to stop at the stop sign? Madam Justice Forth makes the decision.

CASE LAW - Radar Testing

BC Courts Coat of ArmsPolice check the radar equipment used to measure vehicle speeds to insure that it is functioning correctly before they write speeding tickets based on the readings. If a speeding ticket is disputed the officer must satisfy the court that the instrument had been tested and was working properly.