Driving related decisions by the courts.
The 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.
Karen 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.
This 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.
When an officer writes a traffic ticket the description of the offence is required to give the driver enough information to understand what they are being charged with. If that is not the case, the judicial justice could choose to dismiss the offence. This case is an example of that.
This case involves a collision between a driver and a pedestrian at the intersection of East 3rd Avenue and Cotton Drive in Vancouver. Lily Huang was walking westbound on the north side of East 3rd Avenue crossing Cotton Drive and Dwight Wamboldt was driving eastbound on East 3rd Avenue intending to turn left onto Cotton Drive.
This 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.
Police 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.
The Criminal Code now allows a peace officer to demand breath samples from a driver without having a reasonable suspicion that the driver has alcohol in his body. This case determines that mandatory alcohol screening is not a violation of the driver's Charter rights.
This case involves a collision on 18th Street at the lane west of Lonsdale Avenue in North Vancouver. One driver was emerging from an alley and the other was travelling through on the street.
The case of Niyokuku v Cheasley arose from a collision on 76 Avenue at the north exit of the Real Canadian Superstore in Surrey. Ms. Niyokuku turned westbound from the parking lot into the first through lane.