Case Law

Driving related decisions by the courts.

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.

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.

Syndicate content

Google Ads