Case Law

Driving related decisions by the courts.

CASE LAW - Lau v Insurance Corporation of BC

BC Courts Coat of ArmsWhen plaintiff Yu Jung Lau purchased, licensed and insured a 2005 Subaru Impreza with ICBC he declared that he would be the vehicle’s principal operator.

CASE LAW - R v Cole

BC Courts Coat of ArmsThis case contains a discussion about wilful blindness. Garret Cole received a notice of intent to prohibit in the mail from the Superintendent of Motor Vehicles at the beginning of August of 2011 that advised him he could have the prohibition reviewed. Mr. Cole did pay the fee and had the review conducted.

CASE LAW - R v Rhone

BC Courts Coat of ArmsKelly Rae Rhone was charged for operating a motor vehicle without proper insurance while driving on the Trans Canada Highway at Mill Bay, B.C. Ms. Rhone disputed the traffic ticket on the basis that keeping the insurance current was her husband's job and that she did not know the insurance was expired.

CASE LAW - R v Rei

BC Courts Coat of ArmsIs it a Motor Assisted Cycle (MAC) or a Limited Speed Motorcycle (LSM)? In the case of R v Rei it all comes down to whether there are pedals installed so that the driver may physically propel the device or not.

CASE LAW - Sivia v British Columbia (Superintendent of Motor Vehicles)

BC Courts Coat of ArmsThe reasons for judgment of Mr. Justice Sigurdson (in chambers) continues from the case where he found that British Columbia's Immediate Roadside Prohibition (IRP) where a driver provided a fail breath sample was contrary to the Charter of Rights and Freedoms because it did not provide for sufficient grounds for review of a prohibition. In this case, Mr. Justice Sigurdson decides that penalties issued under the old IRP scheme will stand as his declaration of invalidity is not retroactive.

CASE LAW - Shaver v Lymbery

BC Courts Coat of ArmsThis case arises from a collision that happened at the intersection of Ware Road and Highway 19 north of Nanaimo, B.C. Valerie Shaver was turning left from Ware Road to northbound on Highway 19 and Graeme Lymbery was travelling southbound on Highway 19 approaching the Ware Road intersection. The intersection itself is controlled by traffic lights.

CASE LAW - R v Soriano

BC Courts Coat of ArmsMr. Soriano was convicted of speeding and fined $138 on April 6, 2010. He subsequently appealed his conviction to the Supreme Court of BC claiming that the verdict was unreasonable because he was not exceeding the speed limit. There was a miscarriage of justice because his hearing was not fair.

CASE LAW - Murdoch v Biggers

BC Courts Coat of ArmsA green light doesn't always mean go unless you've had a good look to make sure that there are no hazards present before you proceed. Jennifer Biggers learned this when the vehicle she was driving collided with Carol Murdoch, who was crossing quickly in a marked crosswalk against a red light.

CASE LAW - Ormiston v ICBC

BC Courts Coat of ArmsDixon Ormiston fell from his bicycle and sustained serious injury after being forced against a concrete abutment by a vehicle that veered into his path while he was passing it on the right side. Of interest in deciding the liability in this case is the examination of passing on the right, both by a vehicle driver and a cyclist. In general, passing on the right is forbidden in British Columbia and Mr. Ormiston was found to be 30% liable for this collision.

CASE LAW - R v Alexander

BC Courts Coat of ArmsBrian Alexander was stopped for excessive speeding in Kamloops, B.C. He was issued a traffic ticket for excessive speed and police attempted to impound his vehicle for seven days as required by the Motor Vehicle Act. Mr. Alexander responded that he had no intention of giving up his vehicle, sat inside it and refused to get out when required to do so by the officer.

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