Case Law

Driving related decisions by the courts.

CASE LAW - Ferguson v Yang

BC Courts Coat of ArmsThis case involves a collision that occurred in a school zone between vehicles parking at the curb. Mr. Ferguson had pulled over parallel to the curb and was preparing to back up and provide more room for others to park. Mr. Yang made a U turn from the other side of the street intending to pull in behind Mr. Ferguson and struck the Ferguson vehicle causing minor damage. The judgment discusses both the improper U turn and how the Justice viewed the credibility of the parties in reaching his decision.

CASE LAW - Fraser v Konnert

BC Courts Coat of ArmsThis is a small claims case that appears to involve a bit of self appointed construction zone traffic policing by two motorists, some road rage  and a minor collision when a third vehicle tried to overtake and merge. One driver was intent on merging and one driver was intent on preventing the other from merging.

CASE LAW - MacKnight v Nast

BC Courts Coat of ArmsThis incident took place at the intersection of Hillside Avenue and Gosworth Road in Victoria. Lisa MacKnight was crossing in the crosswalk following the directions of the pedestrian controlled signals as Ryan Nast approached riding a bicycle. Mr. Nast passed stopped traffic on the right hand side and intended to go through the intersection on the red until he saw Ms. MacKnight step into the crosswalk. He tried to brake but was not successful and struck her causing significant injury to her.

CASE LAW - Lutter v Smithson

BC Courts Coat of ArmsGlen and Tralee Mazu's daughter Brianne held a 19th birthday party with their consent on family property. A minor guest, Dallas Smithson, became very drunk and eventually drove away from the party in a borrowed vehicle. He collided with a taxi, killing the taxi driver and injuring the passenger, Jeremy Lutter.

CASE LAW - R v Sipes

BC Courts Coat of ArmsDonald Sipes crossed Chesterfield Avenue in North Vancouver as a pedestrian. He did not use a crosswalk and was approached by police who intended to warn him for jaywalking. A conversation ensued after which the warning turned into a ticket and the officer demanded to know Mr. Sipes name and residential address. Mr. Sipes did provide his name, but refused to provide his residential address and so was arrested for obstructing a peace officer.

CASE LAW - Russell v Parks

BC Courts Coat of ArmsThis is the story of Lenord Russell, who exited a bakery in a mall and walked forward into a parking stall at the same time that Kenneth Parks drove into it to park his vehicle. A collision occurred in which Mr. Russell suffered injury to his knee and foot.

CASE LAW - R v Alves

BC Courts Coat of ArmsThis case involves Mr. Antonio Alves who was driving his truck on Renfrew Street at East 22nd Avenue in Vancouver making a left turn. He struck and killed 77 year old Mrs. Susan Wong as she crossed the highway in a crosswalk. Mr. Alves stopped, returned to check Mrs. Wong, spoke to a bystander, remained for a moment more and then departed. He turned himself in to police later that day.

CASE LAW - R v Prasad

BC Courts Coat of ArmsIn this case, Avinash Prasad has pled guilty to driving without due care and attention after having been charged with dangerous driving causing death. This follows from a collision on March 28, 2009 near the intersection of 64th Avenue and 176th Street in Surrey.

CASE LAW - Taylor v Depew

BC Courts Coat of ArmsCan you spare $206,333.05? This is the amount that the defendant, Matthew Depew, has been required to pay Sean Taylor for damages suffered in an off road collision. Mr. Taylor was riding a motorcycle in poor repair and Mr. Depew was driving a dune buggy on a single lane dirt forest road serving a forest service camp site near Campbell River, BC. Although the judgment does not say so, I suspect that there won't be any insurance coverage to help Mr. Depew pay the bill.

CASE LAW - R v Dickson

BC Courts Coat of ArmsThis Supreme Court case from 2003 is useful to illustrate two topics: lane splitting by motorcyclists is illegal in BC and traffic court justices may prohibit drivers based on a bad driving record and have the prohibition upheld by the higher courts.

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