Case Law

Driving related decisions by the courts.

CASE LAW - R v Gleeson

BC Courts Coat of ArmsThis is a road rage incident that occurred near Saanich starting on McKenzie Avenue near Glanford Avenue and proceeding westbound. A pickup truck driven by Adam Gleeson engaged with a car driven by Ms. Kirkpatrick in what could be described as an episode of road rage culminating in Mr. Gleeson pulling up beside Ms. Kirkpatrick and spitting on her. This resulted in Mr. Gleeson being charged with assault and dangerous driving.

CASE LAW - Marcena v Thomson

BC Courts Coat of ArmsAriston Marcena and his wife decided to cross Yates Street just east of Cook Street in Victoria. When two vehicles in the lane closest to them stopped for his wife, Mr. Marcena urged her to cross the two lanes (not in a crosswalk) at a jog as he assumed that traffic was going to wait. Barry Thomson was riding his motorcycle in the next lane over and did not stop. He struck and injured both Marcenas.

CASE LAW - Naidu v Zhong

BC Courts Coat of ArmsThis case involves a head on collision between two vehicles driven by Wasanthi Naidu and Xu Xia Zhong on Blundell Road between #6 and Sidaway Roads in Richmond. Both drivers claim that the other was on the wrong side of the road at the time of the crash.

CASE LAW - Uy v Dhillon

BC Courts Coat of ArmsThis case resolves liability for a collision between a car driven by Johnberlyn Uy and a tractor-trailer combination driven by Daljit Singh Dhillon on the Coquihalla Highway just west of the Zopkios brake check. The collision occurred in the early morning hours of January 31, 2014 following a winter storm. At that time the road conditions were relatively good, consisting of a light coat of a mixture of compact snow and sand.

CASE LAW - R v Almardy

BC Courts Coat of ArmsKhalid Almardy was stopped by police in the early morning hours of October 21, 2017 in Victoria as he was a novice driver who was not displaying a new driver sign on his vehicle and was carrying too many passengers. Cst. Christians of the Capital Region Integrated Road Safety Unit detected the odour of liquor on Mr. Almardy's breath. Drivers in the Graduated Licensing Program must have zero blood alcohol when driving.

CASE LAW - R v McEachern

BC Courts Coat of ArmsMira McEachern was a novice driver on September 17, 2016 when she was issued a traffic ticket for using an electronic device while driving. She was convicted of that offence (records do not indicate if it was because she paid the fine or was not successful in a traffic court dispute). Shortly after the conviction RoadSafetyBC notified her of a pending prohibition of 3 months due only to that conviction.

CASE LAW - R v Parmar

BC Courts Coat of ArmsTejveer Parmar was ticketed for speeding on Kittson Parkway in Delta. He testified at trial that another driver had continually pulled in front of his vehicle and braked. He decided that the only opportunity available to him was to exceed the posted speed limit and pass this vehicle in order merge safely into traffic. The traffic court justice convicted him for traveling 81 km/h in the 50 km/h zone.

CASE LAW - R v Tootill

BC Courts Coat of ArmsIan Tootill was convicted on a charge of loud and unnecessary exhaust system noise pursuant to Section 7A.01 of the Motor Vehicle Act Regulations by Judicial Justice Lim in traffic court. He was operating his Harley Davidson motorcycle on Beach Avenue in Vancouver and was stopped by Constable Bercic of the VPD.

CASE LAW - R v Dassylva

BC Courts Coat of ArmsIn response to complaints of commercial vehicles failing to follow regulatory requirements in the District of McKenzie the police began to operate compliance check stops. A Kenworth tractor without a trailer was observed traveling northbound on Highway 39 near the causeway outside Mackenzie. The officer followed the vehicle for some kilometers before stopping it and interviewing the driver.

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

BC Courts Coat of ArmsRogan Lovse is a novice driver with a history of two speeding tickets and a two month driving prohibition brought on by those tickets. On receiving a third ticket for speeding, the Superintendent sent him a notice of intention to prohibit him from driving for five months.

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