Case Law

Driving related decisions by the courts.

CASE LAW - R v Schultz

BC Courts Coat of ArmsBrigitte Schultz was stopped by police in Abbotsford for failing to maintain proper lane position, driving more slowly than normal and failing to stop for a yellow light. She displayed symptoms of impairment and was tested with an approved screening device. The test registered a fail.

CASE LAW - R v Tannhauser

BC Courts Coat of ArmsThis is the case of the cell phone app that helped a driver beat a traffic ticket for using a cellular phone while driving. Patrick Tannhauser was driving on the Trans Canada Highway approaching the Helmcken overpass in View Royal. He was stuck in what is known locally as the "Colwood Crawl" at 8:35 am. Mr. Tannhauser was holding his company issued cell phone at the top of the steering wheel.

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.

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