Case Law

Driving related decisions by the courts.

CASE LAW - Wong-Lai v Ong

BC Courts Coat of ArmsMrs. Wong-Lai and her husband were crossing Prior Street between Gore and Dunlevy in Vancouver to return to their car. They were struck by a car driven by Mr. Ong. The older couple were not able to cross the street quickly, had chosen to cross where there was not a crosswalk on a wide, busy street at night in a heavy rain.

CASE LAW - McNeal v Superintendent of Motor Vehicles

BC Courts Coat of ArmsGary McNeal crashed his vehicle and left the scene. Police tracked him down during their investigation, demanded breath samples and received readings above the legal limit. McNeal applied for judicial review of the adjudicator's decision that he was in fact the driver of the crashed vehicle.

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. He was issued a traffic ticket for speeding, not having a BC driver's license and operating an uninsured vehicle. He pled guilty to speeding and not guilty to the other two counts.

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. Plummer's motorcycle and was struck.

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.

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