Case Law

Driving related decisions by the courts.

CASE LAW - Potestio v Superintendent of Motor Vehicles

BC Courts Coat of ArmsFrank Potestio added four hazardous moving violations and one fail to wear seatbelt violation to his driving record between August 29, 2009 to May 9, 2011. He was sent a warning letter on June 19, 2011. Mr. Potestio committed two further driving offences on February 2, 2012 and was sent a letter placing him on probation for six months effective March 8, 2012. On January 16, 2013, Mr. Potestio committed a further offence of speeding. On March 5, 2013, the Superintendent sent Mr. Potestio a notice of prohibition for a period of three months.

CASE LAW - Dupre v Patterson

BC Courts Coat of ArmsThe collision referenced by this case occurred on Cornwall Avenue just east of Walnut Street in Vancouver, B.C. Marianne Dupre was riding her bicycle westbound on Cornwall and was being overtaken by a car driven by Teresa Patterson.

CASE LAW - Holt v Rother

BC Courts Coat of ArmsTheodor Rother was driving home southbound along 350th Avenue in Oliver, B.C. John Holt was walking northbound along 350th, returning to his home after picking up his mail from the nearby community mailboxes. Mr. Rother suddenly crossed over the highway and struck Mr. Holt, a utiliy pole, overturned and slid to a stop. Mr. Holt was seriously injured in the event.

CASE LAW - R v Stein

BC Courts Coat of ArmsOne exemption from having to wear a seatbelt during normal operation of a motor vehicle is when one is a delivery driver who travels at 40 km/h or less and makes frequent stops. The Motor Vehicle Act does not define what the term "frequent stops" means. In this case, Judicial Justice H. W. Gordon examines the exemption, defines what he accepts frequent stops to be and convicts Mr. Stein. He also suggests that the legislature should revisit the law and include a definition so that drivers may be certain of the restriction.

CASE LAW - R v Shymanski

BC Courts Coat of ArmsMr. Victor Shymanski was charged with disobeying a traffic control device after he drove his commercial vehicle past a regulatory sign requiring him to stop and check his brakes. He was convicted at trial. Subsequent to that he applied for Charter relief, claiming that his rights under section 7 had been violated because a ticket for a violation of the Traffic Control Device Regulation under section 125 of the Motor Vehicle Act is vague and unenforceable. This case is the resolution of the requested relief.

CASE LAW - Singh v British Columbia

BC Courts Coat of ArmsOn September 12, 2007, the plaintiff, Mr. Prem Singh, was travelling northbound on Scott Road (also known as 120th Street) in Surrey, B.C.  Mr. Singh approached the intersection at 96th Avenue. The traffic light was green for Mr. Singh.  As Mr. Singh went through the intersection, he hit a westbound RCMP vehicle driven by Constable Kerri Parrish who was responding to an emergency call of a man with a knife threatening to stab a child.

CASE LAW - R v Westgate

BC Courts Coat of ArmsThis case is an appeal of a conviction for excessive speeding. Gary Westgate was measured using a laser speed measuring device at 96 km/h in a posted 50 km/h zone. At issue was a document concerning a device used to measure the output of the laser device itself. The certificate had expired in April of 2006. Mr. Justice Rogers found that the certificate had nothing to do with the accuracy of the laser device and dismissed the appeal.

CASE LAW - Radjenovic v Bains

BC Courts Coat of ArmsUros Budimac was parked at the side of West 11th Avenue in Vancouver. He signalled, shoulder checked and seeing nothing approaching pulled out to travel eastbound. Part way out of the parking space he shoulder checked again and saw the headlights of another vehicle approaching him. He stopped and was struck on the left front corner by a taxi driven by Parbhjot Bains. The collision pushed his vehicle sideways into the vehicle that was in the parking space in front of the one that he was exiting.

CASE LAW - Wiebe v Schmidt

BC Courts Coat of ArmsJan Wiebe was driving along Downes Road in Abbotsford when he was suddenly confronted by cattle on the roadway. It was a dark and rainy night that did not allow Mr. Wiebe to see the cattle in time to avoid colliding with them.

CASE LAW - Hunstad v Cormier

BC Courts Coat of ArmsThis is a case that I had to read a number of times and refer to a picture of the intersection to understand what path Ms. Hunstad, a cyclist, had taken. Rather than cross McCallum Road in Abbotsford in a straight line by using Marshall Road she took an erratic path that included travel the wrong way on McCallum twice.

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