Case Law

Driving related decisions by the courts.

CASE LAW - R v Shafer

BC Courts Coat of ArmsIan Shafer used to live in Las Vegas, Nevada and had licensed his car there. He moved to Oak Bay, B.C. but had not obtained a BC driver's license or BC license plates and insurance at the time he was stopped for speeding by police in Victoria.

CASE LAW - Walter v Plummer

BC Courts Coat of ArmsLeslie Plummer was riding her motorcycle on Rutland Road in the vicinity of an intersection near two schools in Kelowna, B.C. Shaun Walter was walking diagonally across Rutland Road passing the front of a large truck which obscured him from Ms. Plummer's sight. Without looking, Mr. Walter walked into the path of Ms.

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

BC Courts Coat of ArmsMr. Gilles is seeking to have the courts quash an adjudicator's decision and cancel the Immediate Roadside Prohibition (IRP) issued to him after being stopped by police while driving on Bainbridge Avenue in Burnaby, B.C.

CASE LAW - Quinn v Dubnyk

BC Courts Coat of ArmsThis case examines the application of the Motor Vehicle Act to highways on the Sechelt reserve lands. Quinn was stopped by Constable Dubnyk for operating an uninsured and unlicensed vehicle on a highway within the reserve. He was issued a violation ticket for operating the vehicle without insurance.

CASE LAW - Giesbrecht v Superintendent of Motor Vehicles

BC Courts Coat of ArmsThis is the first reported case that I have seen involving the new Immediate Roadside Prohibition (IRP) provisions of the Motor Vehicle Act.

CASE LAW - MacEachern v Rennie

BC Courts Coat of ArmsThis case decides liability after a collision between a cyclist and a large commercial truck. Christina MacEachern was riding or walking beside a bicycle along the King George Highway in Surrey, B.C. She was opposing traffic on the shoulder of the roadway which was narrow due to vehicles parked next to it. John Rennie was driving a truck tractor pulling a shipping container on a container trailer. As Rennie passed MacEachern she came into contact with the trailer and suffered a severe head injury that left her incapable of caring for herself.

CASE LAW - Billabong Road & Bridge Maintenance v Brook

BC Courts Coat of ArmsThe case of Billabong Road & Bridge Maintenance v Brook is a B.C. Supreme Court appeal of a conviction that saw both parties found 50% at fault after a single vehicle collision. The provincial court judge found the road maintenance company partly at fault for the collision because it had not sanded the slippery roadway.

CASE LAW - R v Lukas

BC Courts Coat of ArmsIn this case Allen Lukas appeals his conviction for speeding based on the visual observation of his vehicle's speed made by Cst. Neid of the Kelowna R.C.M.P. Detachment.

CASE LAW - Langley v Heppner

BC Courts Coat of ArmsThis case decides the liability for a collision where a motorcycle overtaking two vehicles is struck when the second vehicle pulled out to pass the first. All three had been following together at a speed under the limit. At the first available opportunity the motorcycle passed, not seeing a signal from the vehicle in front.

CASE LAW - Knight v Li

BC Courts Coat of ArmsThe case of Knight v Li examines a collision at the intersection of 41 Avenue and Angus Drive in Vancouver, B.C. Mr. Knight, with a BAC of 168 mg%, was traveling southbound on Angus Drive. Mr. Li was traveling eastbound on 41 Avenue in the curb lane. The two collided within the intersection with the front of Mr. Li's vehicle striking Mr.

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