Case Law

Driving related decisions by the courts.

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.

CASE LAW - Spencer v Superintendent of Motor Vehicles

BC Courts Coat of ArmsIn this case, Kristen Debra-Lee Spencer challenges an Immediate Roadside Prohibition (IRP) in a Supreme Court Review of an adjudicators decision upholding the IRP on review. Ms. Spencer was issued the IRP for being in care and control of a motor vehicle, having alcohol in her body and refusing to provide a breath sample on the demand of a police officer.

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. Both were seriously injured in the mishap.

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.

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