Case Law

Driving related decisions by the courts.

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.

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.

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