Case Law

Driving related decisions by the courts.

CASE LAW - Bains v Watkins

BC Courts Coat of ArmsThe case of Bains v Watkins might be a classic He Said / She Said situation. The purpose of the trial was to decide who was on the wrong side of the road when a head on collision between vehicles driven by Janice Watkins and Surinder Bains occurred. The incident occurred on 84 Avenue near the 135A Street intersection in Surrey.

CASE LAW - R v Francisco

BC Courts Coat of ArmsThe case of R v Francisco involves a collision on June 7, 2019 in Burnaby that resulted in the death of a pedestrian, Louise Landreth. Roberto Francisco was driving a BMW sedan erratically over a period of about one hour and twenty minutes until a collision at high speed resulted in a loss of control and Ms. Landreth being struck and killed.

CASE LAW - Seatbelts on a Bus

BC Courts Coat of ArmsOn August 28, 2014 a tour bus crash occurred on the Coquihalla Highway south of Merritt. 56 people were injured, 15 of them seriously. A civil action was taken against a number of parties involved in the tour that included Prevost, the manufacturer of the bus. Jie Ding and the other plaintiffs involved claim that their injuries were made worse by the lack of seatbelts on the bus.

Driver's Duty When Passing

BC Courts Coat of ArmsThe case of Doyle v Hubick determines the liability for a two vehicle collision on the Sea to Sky Highway 32 km south of Pemberton. Both vehicles reached the end of the passing lane at about the same time. The drivers were unable to decide who should pull ahead and who should drop back ultimately resulting in a crash.

CASE LAW - Petes v Peterson

BC Courts Coat of ArmsThe case of Petes v Petersen illustrates the dangers of making a lane change at or near an intersection. The collision that gave rise to this occurred at the intersection of Marshall Road and Guilford Drive in Abbotsford. James Petersen was driving his Ford Fusion westbound on Marshall and Laszlo Petes was driving his Suzuki pickup southbound on Guilford, turning right onto Marshall.

CASE LAW - Sharp v Paterson

BC Courts Coat of ArmsDavid Sharp and Jason Butter were walking on Harriet Road in Victoria. At about 6:00 pm on that December evening it was fully dark and there was no street lighting present. They crossed the street at an angle in the intersection with Battleford Avenue because Mr. Sharp did not feel safe walking on the side without a sidewalk.

CASE LAW - R v Labbee

BC Courts Coat of ArmsThe case of R v Labbee involves a pedestrian collision at the intersection of Patten Avenue and Mary Street in Chilliwack. Fourghozaman Firoozian was crossing Mary Street from west to east in the marked crosswalk. A southbound silver-grey pickup failed to stop for her, knocking her down and driving over her.

Warning Others of a Breakdown

Breakdown Warning DevicesWhat kind of warning devices do you have stored in your vehicle to protect yourself in the event of a breakdown or collision? Most of us will probably reply that they don't have anything prepared for this eventuality. In fact, with the reliability of vehicles today and perhaps not having been involved in a significant collision before, we may be lulled into thinking that we don't really need it.

CASE LAW - R v Min

BC Courts Coat of ArmsThe case of R v Min arises from an intersection safety camera ticket. A 2015 Audi was photographed traveling through an intersection in Vancouver at a speed between 41 and 60 km/h over the 50 km/h speed limit. Le Min, the owner of the Audi was issued a violation ticket which she disputed. The matter was heard in traffic court where she pled guilty to the offence.