Case Law

Driving related decisions by the courts.

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.

CASE LAW - Gylytiuk v Krause

BC Courts Coat of ArmsThe case of Gylytiuk v Krause arose from a collision between a car and a motorcycle being driven on Enterprise Way in Kelowna. Brian Gylytiuk was riding his motorcycle behind a car driven by Julia Krause east of the intersection with Dilworth Drive. A U-Turn performed by Ms. Krause caused the collision.

CASE LAW - Harvey v Robin

BC Courts Coat of ArmsJennifer Harvey was riding her bicycle southbound on Ontario street entering the roundabout at Athlete's Way in Vancouver.  As she entered, she noted a car ahead of her that was stopped but had the backup lights on. Ms. Harvey did not decide to stop until the car began to back up, but by then it was too late, the car collided with her.

CASE LAW - Lemma v Wong

BC Courts Coat of ArmsThis is the case of Lemma v Wong. Messele Lemma attempted to cross Commercial Drive at East 11 Avenue in Vancouver. He stepped off the curb slightly outside the unmarked crosswalk into the path of a pickup truck driven by Gary Rolfe. Mr. Rolfe stopped suddenly to avoid colliding with Mr. Lemma. Mr. Lemma continued to cross Commercial Drive, now in the crosswalk, where he was struck by a car driven by Lindsey Kwan who had changed lanes to the left and passed the Rolfe vehicle.

CASE LAW - Facher v Bismellah

BC Courts Coat of ArmsThis case involves a collision between vehicles driven by Shafiqullah Bismellah and Sung Lee. They were both approaching a sharp right angle corner from opposite directions where Southpoint Drive becomes Sounthwynde Avenue in Burnaby. Evidence of Fawad Facher, a passenger in Mr. Bismellah's vehicle, is that he was traveling too fast for the corner, failed to stay in his lane and collided with Ms. Sung. His position was that one of both of the others were responsible for injuries that he sustained in the collision.

CASE LAW - Kim v Dresser

BC Courts Coat of ArmsKonho Kim was driving his car on 108 Avenue approaching the 4 way stop at the intersection of 164 Street in Surrey. He stopped and observed a car driven by Megan Levonne approching from his left. Expecting Ms. Levonne to stop, Mr. Kim proceeded to make a right turn. The two vehicles collided in the intersection. This case determines liability for the collision and explores a driver's duty of care in the circumstances.

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