Case Law

Driving related decisions by the courts.

CASE LAW - R v Rock

BC Courts Coat of ArmsKurtis William Rock was an 18 year old who spent the day drinking beer in the park with friends. At the conclusion of the drinking session he loaded two minors in his mother's Buick Rendezvous and entered traffic in the City of Vancouver.

CASE LAW - Burgess v Fisher

Supreme Court Coat of ArmsThis is a case to determine liability for a collision where one party was driving through an intersection at or just over the speed limit. The other had stopped at a stop sign and was attempting a left turn when the collision took place.

CASE LAW - Deters v Totovic

BC Courts Coat of ArmsThis case from the Supreme Court of BC illustrates the perils of declaring someone to be the principal operator of a motor vehicle during the purchase of insurance where that person is not the principal driver. This case arose, post collision, where ICBC alleged that this was done to avoid paying the proper insurance rates.

CASE LAW - Saffari v Lopez

Supreme Court Coat of ArmsA vehicle driven by the plaintiff, Mona Saffari, collided with the rear of a vehicle driven by the defendant, Martin Lopez, and owned by the defendant, Stephanie Pfeifer. At the time, both vehicles were headed from North Vancouver toward Vancouver and had entered the on-ramp to proceed southbound on the Lions Gate Bridge. Mr. Lopez had stopped suddenly on the on-ramp and was held partially at fault for the collision in this judgment.

CASE LAW - HMTQ v Multari

Supreme Court Coat of ArmsDrivers that fail to produce identification such as a BC driver's license when stopped present a very real difficulty for the officer. Is the driver one that cannot be bothered, did they just forget it this trip, or are they prohibited, unlicensed or impersonating someone else to avoid being charged?

CASE LAW - Scott v Erickson

Supreme Court Coat of ArmsIn this case, Mr. Erickson had parked his truck on the wrong side of the road at night, leaving his headlights on high beam while he collected his mail from the community mailboxes there.

CASE LAW - R v Lambert

BC Courts Coat of ArmsThis case involves a speeding ticket dispute. Mr. Lambert was the second of two vehicles, the first measured in radar at 130 km/h and his at 126 km/h. Mr. Lambert raised a number of issues common to lay people making a dispute.

CASE LAW - R v Dhaliwal

BC Courts Coat of ArmsIn this case Mr. Dhaliwal struck a 77 year old pedestrian and then failed to remain and render assistance as required. The pedestrian, Douglas Hull, came to rest under a van and was not discovered for about 25 minutes. He was conscious and alert when found but later died in hospital. The occupants of Mr.

CASE LAW - Schlappner v Serfas and Peknik

BC Courts Coat of ArmsThis case involves a collision that happened at an intersection where one street is controlled by traffic lights and the cross street by stop signs. Dr. Schlappner stopped at the stop sign, saw that the traffic lights were red and proceeded to cross the intersection. While he was crossing, the traffic signal turned green and a vehicle driven by Mrs.

CASE LAW - R v Moreno Munoz

BC Courts Coat of ArmsThis case involves a collision where one of the drivers involved was making a left turn at an intersection. That driver, Madame Moreno Munoz was charged for failing to yield on left turn. The trial examines the concept of "immediate hazard" and whether the left turning driver or the driver proceeding toward the left turn driver is required to yield to the other based on the immediate hazard involved.

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