Case Law

Driving related decisions by the courts.

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

BC Courts 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. A quick look at many internet sites will find advice that you should ask for everything except the dirt in the floor mats of the police vehicle and if the police don't supply it the case will be dismissed.

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?

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