Case Law

Driving related decisions by the courts.

CASE LAW - Carrero v Park

BC Courts Coat of ArmsThe case of Carrero v Park takes place on North Road at the intersection with Rochester Street in Burnaby. Bobby Joe Carrero was riding his bicycle southbound on the sidewalk on the west side of North Road approaching the intersection. Na Young Park was driving southbound on North Road intending to make a right turn onto Rochester Street. Neither one saw the other as they approached the intersection.

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 - Ding v Prevost

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, Ding v Prevost, 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.

CASE LAW - Doyle v Hubick

BC Courts Coat of ArmsThe case of Doyle v Hubick takes place on Highway 99 known as the Sea to Sky Highway, 32 km south of Pemberton. Sandra Doyle and Darcy Hubick were driving southbound toward Whistler. Ms. Doyle was overtaking Mr. Hubick and decided to pass somewhere in the first half of a two lane passing area by moving to the left lane. Their vehicles collided where the two lanes merged at the end of the passing area.

CASE LAW - R v Hrynyk

BC Courts Coat of ArmsKimberly Hrynyk pulled into a Starbucks in Victoria. She used her cellphone to place an order only to discover that the business was closed for the day. Ms. Hrynyk left the parking lot via Tillicum Road.

CASE LAW - R v Munden

BC Courts Coat of ArmsJoseph Munden and Ephrahim Barnett used to be neighbours, did not care for each other and were not on good terms. May 8, 2019 found the two at the intersection of 4th Avenue North and Proctor Street in Williams Lake. Mr. Barnett was riding his bicycle southbound on 4th and Mr. Munden turned from eastbound on Proctor to northbound on 4th.

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 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.

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