Case Law

Driving related decisions by the courts.

CASE LAW - Blackburn v HMQ, RCMP and Leyh

BC Courts Coat of ArmsThis case assigns liability for an intersection collision. A member of the RCMP was responding to a rollover collision with injuries when he proceeded through a red light at low speed and collided with a car driven by a deaf person who passed by other traffic that was stopped to allow the police vehicle to clear the intersection.

CASE LAW - R v Ashir

BC Courts Coat of ArmsThe case of R v Ashir was heard in traffic court before Judicial Justice of the Peace H.W. Gordon in Victoria, B.C. The dispute involved a traffic ticket for speeding in a school zone and the determination of what was meant by "a regular school day." Justice Gordon also comments on what he sees as deficiencies in the wording of the section that would prevent the conviction of drivers traveling over 30 km/h in a school zone under certain conditions.

CASE LAW - R v Ismail

BC Courts Coat of ArmsAltab Ismail has a significant driving record and owes ICBC money from an unresolved collision debt, so his driver's license was canceled when he made no attempt to satisfy the debt. From Mr. Ismail's point of view the difficulty lay in the fact that he worked as a delivery driver and required a driver's licence in order to earn his living.

CASE LAW - Cue v Breitkreuz

BC Courts Coat of ArmsThis case heard before Justice N. Smith examines a collision that occurred when a car driven by Miquel Cue stopped in traffic to make a left turn and was struck from behind by a truck driven by Roy Breitkreuz. Cue told the court that he had been waiting to turn left for approximately 5 seconds when he was struck by Breitkreuz.

CASE LAW - Maasoumian v Superintendent of Motor Vehicles

BC Courts Coat of ArmsThis case was heard in the BC Supreme Court in front of The Honourable Mr. Justice Burnyeat. Ali Maasoumian has an unenviable driving record. He accumulated 17 penalty points and the Superintendent issued a notice prohibiting him from driving for 8 months.

CASE LAW - Vagramov v Zipursky

BC Courts Coat of ArmsIn this case before The Honourable Mr. Justice G.R. Gaul, the plaintiff, David Vagramov is suing the defendant, Shaun Zipursky for damages resulting from a motor vehicle collision at an uncontrolled intersection.

CASE LAW - R v Reid

BC Courts Coat of ArmsIn the case of R v Reid, Judge Lemiski examines an incident in which Reid was the driver of a motor vehicle that fatally injured a young boy in a parking lot. Reid parked her vehicle, failed to place the gear selector in park, and then mistook the gas for the brake, pinning the boy between her vehicle and a building.

CASE LAW - Chen v Beltran

Supreme Court Coat of ArmsIn this case young Allan Chen was riding his skateboard on a steep sidewalk. He could not stop on reaching the intersection and rode into the path of traffic where he was struck by a car driven by Juan Beltran. Chen sustained injuries and took legal action via his guardian in an attempt recover damages for them.

CASE LAW - R v Irwin

Court Coat of ArmsThe case of Regina v Derek William Irwin looks at the charge of Dangerous Driving under section 249 of the Criminal Code of Canada. Dangerous driving is "a marked departure from the standard expected of a reasonably prudent driver." Judge C. Baird Ellen analyzes the evidence of Mr.

CASE LAW - R v Anutooshkin

Court Coat of ArmsThis is a case decided by the BC Court of Appeal in 1994. It has relevance today for requests for disclosure to prepare a defence for traffic court.

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