Case Law

Driving related decisions by the courts.

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.

CASE LAW - R v Scherbey

BC Courts Coat of ArmsIn the case of R v Griffith we find ourselves in the Supreme Court at an appeal of a conviction for speeding. Edward Scherbey was driving out of a 30 km/h school zone travelling at 54 km/h. Constable Sabulsky made both a visual estimate of his vehicle's speed and measured it with a Stalker Dual DSR radar device before issuing the speeding ticket. At the conclusion of the trial in Provincial Court, a conviction was entered.

Mr. Scherbey had requested a copy of the radar manual as part of Crown's disclosure. This was refused as the manual is copyrighted material and Mr. Scherbey had been directed to the manufacturer to obtain the manual.

CASE LAW - R v Beheshti

BC Courts Coat of ArmsThis case involves Doctor Benham Beheshti who was a physician at a hospital in Port Moody and lived in Vancouver. On August 30, 2015 he was on call and summoned to the hospital to treat a seriously ill patient. He was stopped for speeding on Pender Street and issued a traffic ticket by a member of the Vancouver Police Department.

CASE LAW - R v Khan

BC Courts Coat of ArmsShan Khan was a pedestrian trying to cross 152nd Street at 81st Avenue in Surrey. She crossed to the median barrier dividing the four lanes of traffic and waited for the approaching vehicles to stop. When the vehicle using the lane nearest to her did stop, she began to cross. Unfortunately the driver behind that vehicle did not stop, changed lanes to pass it and struck Ms. Khan.

CASE LAW - Provost v Bolton

BC Courts Coat of ArmsOn April 24, 2012 Kyle Katerenchuk, an employee of Dueck Downtown Chevrolet Buick GMC Limited, left a pickup truck unlocked, unattended and idling with the keys in the ignition outside one of the dealership's detailing bays. It was stolen by David Bolton.

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