Case Law

Driving related decisions by the courts.

CASE LAW - Lewis v British Columbia (Public Safety and Solicitor General)

BC Courts Coat of ArmsDelores Lewis was required to take the computer based version of the DriveABLE test and failed. The Superintendent of Motor Vehicles directed ICBC to cancel her driver's licence. Reconsideration of this decision was possible if she was able to provide a report from her doctor indicating that she was medically fit to drive. This was provided and Ms. Lewis took the test a second time. The result of the second test indicated that her abilities had declined. Her licence remained cancelled.

CASE LAW - R v Thandi

BC Courts Coat of ArmsThe officer was mistaken your worship, I was talking on my wallet, not a cell phone! This was the defense advanced before Judicial Justice of the Peace H. W. Gordon by Bhavjit Thandi after being ticketed by Cst. LeBlanc, a member of the Capital Regional District Integrated Road Safety Unit. Cst. LeBlanc had watched Mr.

CASE LAW - R v Hecimovic

BC Courts Coat of ArmsThis decision as reported in the press last week made me scratch my head. We have a driver who was doing at least 20 km/h over the speed limit, went straight through from a right turn only lane against a red light, hit a concrete median, lost control and collided with another vehicle, killing both occupants.

CASE LAW - Tran v Edbrooke

BC Courts Coat of ArmsOn December 13, 2008 at about 11:00 pm Van Tan Tran was driving southbound on Nanaimo Street in Vancouver, B.C. At the intersection of East 29th Avenue his vehicle collided with a vehicle being driven by William Edbrooke who was travelling westbound on East 29th and had slid through the stop sign on snow covered pavement. Mr.

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.

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