Case Law

Driving related decisions by the courts.

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.

CASE LAW - Tang v Rodgers

BC Courts Coat of ArmsWho is liable for the crash when one driver swings wide to turn right into his driveway and an overtaking driver passes on the right at the same time? That is the question decided by Justice Brown in the case of Tang v Rogers.

CASE LAW - Stevanovic v Petrovic

BC Courts Coat of ArmsThis case involves a bit of clowning around by a driver who was certainly old enough to know better. Mr. Petrovic was approaching his friend, Mr. Stevanovic, who was standing in the roadway waiting to be picked up. For whatever reason, Mr. Petrovic decided to approach Mr. Stevanovic closely without slowing down and stop at the last instant. No surprisingly, Mr. Petrovic struck Mr. Stevanovic with his vehicle causing significant injury.

CASE LAW - Kelly v Yuen

BC Courts Coat of ArmsIn this case, Ms. Kelly was attempting a left turn at an intersection on a multiple lane highway. Mr. Yuen was oncoming and had briefly stopped in the lane two away from the curb, the curb lane being a restricted lane for bus and cycle use only at the time. Mr. Yuen decided to use the restricted lane, proceeded and struck Ms. Kelly during her turn.

CASE LAW - Vedan v Stevens

BC Courts Coat of ArmsThis is a case to decide liability for an injury that resulted when a child fell or jumped from the back of a pickup truck while it was being driven by a driver who was not his parent. The justice examines a driver's duty of care to his passengers. In all cases there is a duty of care required of the passenger to wear a seatbelt.

CASE LAW - R. v Weighill

BC Courts Coat of ArmsA motorcycle rider decides to try and beat the yellow light and pulls out to pass other traffic that is stopping for the yellow reaching an estimated speed of 130 to 140 km/h in the posted 90 km/h zone. The driver of an oncoming car, observing traffic stopping, begins to turn left.

CASE LAW - Nonis v Granata

BC Courts Coat of ArmsThis case determines liability following a collision that took place between vehicles driven by Claudio Nonis and Stefano Granata at the intersection of Hastings Street and Madison Avenue in Vancouver, B.C.

Mr. Granata was traveling on Hastings Street approaching Madison Avenue and facing a flashing green traffic signal.

CASE LAW - Vickers v Superintendent of Motor Vehicles

BC Courts Coat of ArmsBrian Vickers is a 17 year old Novice driver. He was convicted under section 144(1)(b) MVA, Driving Without Reasonable Consideration for Others Using the Highway, for passing another vehicle while traveling in excess of the speed limit in a school zone.

CASE LAW - Rothenbusch v Van Boeyen

BC Courts Coat of ArmsMany drivers would never consider that they might have a duty to yield to a vehicle at a stop sign and let them enter the highway. This case involves assigning liability after a collision that took place at a "T" intersection.

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