Case Law

Driving related decisions by the courts.

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.

CASE LAW - R v Husband

BC Courts Coat of ArmsBarbara Husband was sentenced to a $500 fine and given a five year driving prohibition after being found guilty of driving without due care and attention when she struck and injured a child while attempting to park in the parking lot of Ospika Pets in Prince George. She appealed the decision as being inappropriate. She lives 17 km. out of town, has driven for 69 years without receiving a traffic ticket, has lots of friends and is active in her church.

CASE LAW - Kringhaug v Men

BC Courts Coat of ArmsKristen Kringhaug was standing in the driveway of her townhouse complex supervising four children ranging in age from two to four years old while they rode their bicycles. Li Men drove into the complex at low speed, prompting Ms. Kringhaug to begin to shepherd the children off of the driveway onto the grass shoulder. The two year old stopped and did not move off of the driveway, so Ms.

CASE LAW - R v Shelford

Tania Shelford is a company driver whose vehicle is equipped with a two way mobile radio that allows her to contact her dispatcher. She was using that radio to acknowledge the end of her shift when she was observed by an RCMP officer who stopped her and issued a traffic ticket for distracted driving. She disputed the ticket.

CASE LAW - R v Chan

BC Courts Coat of ArmsA citizen contacted police to report a hit and run collision in the 2700 block of Franklin Street of Vancouver. A black vehicle had struck a parked car and left the scene. Patrols located a black Honda Accord, BC licence BG3-10K, parked nearby that had sustained collision damage but did not show obvious signs of having been stolen.

CASE LAW - R v Payman

BC Courts Coat of ArmsKayvan Payman was ticketed by the Vancouver Police Department for using an electronic device while driving. His hearing was set and on that day he applied to have the matter adjourned. The court denied the adjournment so Mr. Payman pled guilty.

Sentencing was adjourned to a later date and the officer prosecuting advised the court he would be seeking a driving prohibition as part of the penalty.

CASE LAW - Chamberlin v ICBC

BC Courts Coat of ArmsTyler Chamberlin is suing ICBC over a hit and run collision alleged to have occurred on July 19, 2018 in Nanaimo. He was riding his bicycle and claims to have been struck by a car whose driver failed to remain at the scene. He says that he suffered both physical and emotional injury.

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