Case Law

Driving related decisions by the courts.

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.

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.

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