Case Law

Driving related decisions by the courts.

CASE LAW - R v Ghadban

BC Courts Coat of ArmsAli Ghadban was convicted in traffic court for not having a valid driver's licence and for driving without insurance for operating a Motorino XMr on the road in Surrey, B.C. He appealed his conviction on the ground that the Motorino was a motor assisted cycle (MAC) and he was excluded from the requirements to be licensed and insured while operating it.

CASE LAW - Toevs v Williams

BC Courts Coat of ArmsRyan Toevs parked his truck on West 4th Avenue in Vancouver. He exited the truck and walked across the street to deliver an envelope to a friend. Following that delivery, he observed traffic and determined that it was safe for him to cross back to his truck and enter it. On arriving at the driver's door, Mr. Toevs decided that it would not be safe to open the door and stood with his back to the truck to let approaching vehicles pass.

CASE LAW - Henderson v McGregor

BC Courts Coat of ArmsThis case involves an instance of road rage involving two drivers, Michael Henderson and Jacqueline McGregor on Highway 99 near the George Massey Tunnel in the Lower Mainland. At the conclusion of the trial, Mr. Justice Walker found that Ms. McGregor had committed an unprovoked assault on Mr. Henderson and assessed almost $35,000 in damages.

CASE LAW - R v Cool

BC Courts Coat of ArmsEmperatriz Cool was stopped in Richmond, B.C. for the offence of using an electronic device while driving. Cst. Schmidt had obtained her driver's licence after speaking with her and then issued a violation ticket. She disputed the ticket, making a no evidence motion at the close of Crown's case. She suggested that Cst. Schmidt had failed to properly identify her as the driver.

CASE LAW - Singh v Lepitre

BC Courts Coat of ArmsSandra Lepitre parked her car at the curb in front of 2871 Aurora Road in North Vancouver and walked to work from there. At lunchtime, Amrinder Singh and Jaskirat Singh Sekhon, who had been working at a nearby construction site, sat on the street in front of Ms. Lepitre's car to eat. While they were there, Ms. Lepitre returned to her car intending to drive off on an errand. She struck both men.

CASE LAW - R v Milne

BC Courts Coat of ArmsThis is a unique case that has created a bit of a media buzz since it's release. Gabriel Milne was driving on the Malahat Highway near Langford and chose to pass a small tourist bus that had slowed aggressively in front of him. He changed lanes to do this and during the lane change noticed a transport truck that was overtaking him move into the left lane as well.

CASE LAW - Eide v Judicial Justice Brent Adair

BC Courts Coat of ArmsJarod Eide was ticketed for using an electronic device while driving on December 13, 2017. He did not enter his dispute of the allegation within the required 30 days of having received the ticket. Subsequently, he applied for an extension of time to dispute on May 11, 2018 and it was denied by Judicial Justice Adair.

CASE LAW - Parmar v Rink

BC Courts Coat of ArmsThis collision between a vehicle and two pedestrians takes place at the intersection of Huntingdon Road and Gladwin Road in Abbotsford. It was dark, raining heavily and occurred in an unlit rural area. Sarbjit Parmar and her two childen were crossing Huntingdon northbound in a marked crosswalk when Ms. Parmar and her son were struck by a vehicle driven by Harold Rink.

CASE LAW - R v Nikirk

BC Courts Coat of ArmsIf Tenessa Nikirk could undo the moments in her life that caused this collision, I have no doubt that she would. The bad judgment (and driving) that she exhibited on December 20, 2017 in Saanich lead to a collision with an 11 year old girl in a crosswalk leaving the girl with life shattering injuries that she will never recover from. Nikirk has been convicted of dangerous driving causing bodily injury.

CASE LAW - Burroughs v Chiasson

BC Courts Coat of ArmsMelissa Burroughs, an RCMP officer, was driving a marked police car westbound on First Avenue in the curb lane at Young Road in Chilliwack, B.C. She observed a truck pulling an uninsured trailer and attempted to pursue it by making a left turn onto Young. Jennifer Chiasson was driving eastbound on First Avenue and collided with the police vehicle in the intersection.

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