Case Law

Driving related decisions by the courts.

CASE LAW - R v Tannhauser

BC Courts Coat of ArmsThe B.C. Court of Appeal has ruled that having a disabling app on your cell phone cannot form a successful defence. Following an acquittal in traffic court that was upheld by the Supreme Court, the Court of Appeal has allowed the Crown's appeal and ordered a new trial.

CASE LAW - R v Rajani

BC Courts Coat of ArmsOn March 15, 2019 Zahir Rajani was issued a violation ticket for using an electronic device while driving. He had been observed by police to be looking down while driving his vehicle. When stopped, it was discovered that Mr. Rajani had a cell phone in his lap, facing up, connected by cord. The constable could not say if the screen was lit or not. Mr. Rajani disputed the ticket.

CASE LAW - Sisett v British Columbia (Attorney General)

BC Courts Coat of ArmsIan Sisett was stopped by police for driving at an excessive speed near Grand Forks. He received a traffic ticket for that offence and the vehicle he was driving was impounded as required by section 251 MVA. Being without a vehicle, Mr. Sisett rode back to Grand Forks with the tow truck driver and stayed the night while family members arranged transportation back to Kelowna for him.

CASE LAW - Donato v Quach

BC Courts Coat of ArmsThis case involves a collision at the intersection of 86 Avenue and 160 Street in Surrey. Joshua Donato had stopped for the stop sign westbound on 86 Avenue intending to turn right. Due to limited visibility he moved forward and slightly to the right in anticipation of making the turn.

CASE LAW - R v Ghadban

BC Courts Coat of ArmsAli Ghadban was convicted in traffic court for not having a valid driver's licence and for driving without insurance for operating a Motorino XMr on the road in Surrey, B.C. He appealed his conviction on the ground that the Motorino was a motor assisted cycle (MAC) and he was excluded from the requirements to be licensed and insured while operating it.

CASE LAW - Toevs v Williams

BC Courts Coat of ArmsRyan Toevs parked his truck on West 4th Avenue in Vancouver. He exited the truck and walked across the street to deliver an envelope to a friend. Following that delivery, he observed traffic and determined that it was safe for him to cross back to his truck and enter it. On arriving at the driver's door, Mr. Toevs decided that it would not be safe to open the door and stood with his back to the truck to let approaching vehicles pass.

CASE LAW - Henderson v McGregor

BC Courts Coat of ArmsThis case involves an instance of road rage involving two drivers, Michael Henderson and Jacqueline McGregor on Highway 99 near the George Massey Tunnel in the Lower Mainland. At the conclusion of the trial, Mr. Justice Walker found that Ms. McGregor had committed an unprovoked assault on Mr. Henderson and assessed almost $35,000 in damages.

CASE LAW - R v Cool

BC Courts Coat of ArmsEmperatriz Cool was stopped in Richmond, B.C. for the offence of using an electronic device while driving. Cst. Schmidt had obtained her driver's licence after speaking with her and then issued a violation ticket. She disputed the ticket, making a no evidence motion at the close of Crown's case. She suggested that Cst. Schmidt had failed to properly identify her as the driver.

CASE LAW - Singh v Lepitre

BC Courts Coat of ArmsSandra Lepitre parked her car at the curb in front of 2871 Aurora Road in North Vancouver and walked to work from there. At lunchtime, Amrinder Singh and Jaskirat Singh Sekhon, who had been working at a nearby construction site, sat on the street in front of Ms. Lepitre's car to eat. While they were there, Ms. Lepitre returned to her car intending to drive off on an errand. She struck both men.

CASE LAW - R v Milne

BC Courts Coat of ArmsThis is a unique case that has created a bit of a media buzz since it's release. Gabriel Milne was driving on the Malahat Highway near Langford and chose to pass a small tourist bus that had slowed aggressively in front of him. He changed lanes to do this and during the lane change noticed a transport truck that was overtaking him move into the left lane as well.

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