Case Law

Driving related decisions by the courts.

Warning Others of a Breakdown

Breakdown Warning DevicesWhat do you have stored in your vehicle to protect yourself and other road users 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 - Winthrope v Superintendent of Motor Vehicles

BC Courts Coat of ArmsMarika Winthrope obtained her class 7 novice driver's licence in 2012. Due to the cost, she never attempted to obtain her full class 5 licence. In 2015 she received a speeding ticket and what the court surmised was a one month prohibition resulting from it in 2016.

CASE LAW - R v Harry

BC Courts Coat of ArmsWe often see serious collisions reported in the news where the offending driver was only issued a traffic ticket for the violation that caused it. Public sentiment often conveys the wish that the driver should have been charged criminally for what they have done. One yardstick for considering a criminal charge instead of a traffic ticket is whether the offending driver showed "a marked departure from the standard of care which a reasonable person would have exercised in the same circumstances."

HERGOTT LAW - It's Not Always the Big Guy You Have to Fight

Hergott Law logo In this article Paul describes a David vs Goliath case where Frank Kristen disagreed with the ICBC claims adjuster finding him 100% at fault for a collision. Mr. Kristen proceeded to a Claims Assessment Review where the adjudicator agreed with the claims adjuster. The final step was to have the issue heard before the court and the case against ICBC was commenced.

CASE LAW - R v Bainbridge

BC Courts Coat of ArmsJudicial Justice Burgess examines the definition of "use" as it applies to the use of electronic devices while driving.

CASE LAW - Perilli v Marlow

BC Courts Coat of ArmsNot all collision litigation resulting from crashes on our highways involve motor vehicles. In this case, the collision occurred between Rosario Perilli, a jogger, and Wendy Marlow, a 10 year old youth riding a bicycle. Mr. Perilli fell to the ground in his attempt to avoid the collision and suffered injuries, including one to his shoulder that required surgery to repair.

CASE LAW - R v Schryvers

BC Courts Coat of ArmsThis is a case that dates back to November 1, 1962 in the British Columbia Supreme Court. It is the origin of what is known among police officers as the Schryvers Test and is used to assist in properly identifying the driver in traffic court as the accused.

CASE LAW - R v Tomkowicz

BC Courts Coat of ArmsRobert Tomkowicz was issued a violation ticket for crossing a solid line and illegal use of an HOV lane while traveling southbound on Highway 99 in Richmond, B.C. The judicial justice in traffic court convicted him for both offences after a trial.

CASE LAW - R v Taylor

BC Courts Coat of ArmsJewel Taylor was issued a 3 count violation ticket in North Vancouver and in February of 2016 paid the fines shown on the ticket. She subsequently received a bill from ICBC for the point penalties involved totalling $640. Shortly after that she applied for an extension of time to appeal her conviction. She was 18 months late in doing so according to the Criminal Rules of the Supreme Court of British Columbia.

CASE LAW - R v Griffith

BC Courts Coat of ArmsOn the 19th of August, 2013 Christopher Griffith stopped his vehicle in the parking lot of the Royal Canadian Legion on 106 Avenue in Surrey, B.C. He became involved in an altercation with people present in the parking lot. Matters escalated to the point that these people advanced on his vehicle brandishing weapons and Mr. Griffith feared serious harm to himself, his passenger and his vehicle. He accelerated quickly away, crossing an adjacent vacant lot and departing northbound on 135A Street.

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