Case Law

Shan 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.

This is an appeal to the Supreme Court over the dismissal of a number of violation tickets by Judicial Justice Adair. In each case the justice decided to dismiss these traffic tickets because they took too long to proceed to trial. Neither the Crown nor the disputants involved had any input into these decisions.

Marlen Gjoka was travelling eastbound on the Trans Canada Highway entering the posted 50 km/h speed zone that begins near the Harriet Road intersection. Constable Klear of the Saanich police department was stationed 350 meters into the zone observing and measuring the speeds of approaching traffic. He estimated Mr. Gjoka's speed at 100 km/h and using an UltraLyte LRB laser device he measured the speed at 99 km/h. Constable Klear radioed to Sergeant Stewart directing him to stop Mr. Gjoka for the speeding offence.

Harvey Truax stopped his empty B train combination on the shoulder of Highway 1 near Sorrento, B.C. He allowed the 4 vehicles that had been following him to pass by before he started to make a left turn across the highway into a pullout. His left signal was in operation and he had 300 to 400 m. of highway visible behind him. Finding no overtaking traffic, he began to move from the shoulder into the pullout across the highway.

This case involves the determination of liability for a two vehicle collision in a traffic circle (referred to as a roundabout in the decision) at the intersection of Jervis Street and Nelson Street in Vancouver. Carrie Trytko was driving northbound on Jervis Street and entered the traffic circle after yielding to traffic approaching from her left. Once in the circle she observed Merdahd Kafafi approaching from her right. The court found that Mr. Kafafi failed to slow as he entered the circle and the two vehicles collided.