Case Law

Driving related decisions by the courts.

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.

Using Stop Signs to Control Speed

stop signSpeeds considered excessive by residents are considered reasonable by these same persons when they are driving in another neighborhood. This observation is taken from a publication titled Speed Control in Residential Areas by the Institute of Transportation Engineers (ITE). It goes on to say that residents’ complaints are usually accompanied by a proposed solution to the speeding problem...stop signs.

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.

CASE LAW - R v Engelbrecht

BC Courts Coat of ArmsKaarina Engelbrecht was reported to police as an erratic driver on March 27, 2011. Her vehicle was located by patrols and after an altercation at roadside she was taken to the Kelowna RCMP detachment for breath testing. She provided breath samples of 110 mg% and was charged with driving without due care and attention.

CASE LAW - R v Bekkers

BC Courts Coat of ArmsClare Bekkers spent the evening at a friend's residence in Victoria drinking and using cocaine. The following day she collected her young children and headed home to Nanaimo. When she started her journey that day at 12:30 pm her blood alcohol level was between 93 and 148 milligrams of alcohol per 100 millilitres of blood. There was some indication that she may have consumed beer in her vehicle on the way home.

CASE LAW - Cairney v Miller

BC Courts Coat of ArmsThis is a case involving a pedestrian (Brian Cairney) and a driver (Kimberly Miller) who met in a crosswalk at the intersection of Vernon and Hall Streets in Nelson, B.C. It was evening and Mr. Cairney saw the vehicle driven by Ms. Miller slow down, so he assumed that she had seen him and was slowing to allow him to cross. Ms.

CASE LAW - R v Mahovlich

BC Courts Coat of ArmsMark Clayton Mahovlich needed some ID because his driver's licence had been cancelled. He applied for a BCID using his brother's Care Card and birth certificate, neither of which carries a photo. Mark has a history of identifying himself as his brother and has caused significant problems for the brother by doing this.

CASE LAW - Haughian v Jiwa

BC Courts Coat of ArmsIn this case, Kathleen Haughian was proceeding eastbound on Sunset Street east of Smith Avenue in Burnaby, B.C.  Sunset Street in this location consists of two lanes in each direction with angle parking on both sides. The angle parking is toward traffic on the north side and away from traffic on the south side.

CASE LAW - Sivia v Superintendent of Motor Vehicles

BC Courts Coat of ArmsThis case is the first major challenge of BC's new Immediate Roadside Prohibition laws. Mr. Justice Sigurdson has ruled that the penalties imposed for the actions taken against a driver who blows a fail (over .08) reading on an approved screening device are contrary to the Charter of Rights and Freedoms because there is no adequate option for a review.

CASE LAW - Deol v Veach

BC Courts Coat of ArmsIn this case Mr. Deol was riding his bicycle on a sidewalk in a direction opposing traffic on the highway adjacent to him. Mr. Veach was attempting a right turn onto the highway from a parking lot. Both stopped, Mr. Deol on the sidewalk at the parking lot access and Mr. Veach prior to crossing the sidewalk. Both proceeded at the same time and collided.

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