Case Law

On April 24, 2012 Kyle Katerenchuk, an employee of Dueck Downtown Chevrolet Buick GMC Limited, left a pickup truck unlocked, unattended and idling with the keys in the ignition outside one of the dealership's detailing bays. It was stolen by David Bolton.

Robert Pitman-Jelly was driving a tractor trailer southbound in the 9800 block of West Saanich Road in Victoria. His intent was to turn left into the driveway for the Marine Technology Center. To prepare for the turn, Mr. Pitman-Jelly moved to the right side of the road in order to make a wide left turn due to the length of his vehicle combination. He was aware of traffic around him and judged that he had sufficient time to make the turn safely. He signalled and started to make his turn only to have a passing vehicle collide with the left front corner of his tractor.

William Eller represented the Aspen Road Community's interests in this action against the Ministry of Transportation and Infrastructure's (MOTI) proposed changes to the Malahat Highway intersection serving their area. The action was taken because the residents felt that the MOTI failed to incorporate their concerns into the improvement project. An injunction was requested to prevent the changes being made until the safest design for the affected area was determined in full consultation with the residents.

This case results from a cell phone infraction enforcement deployment at the intersection of Marine Drive and Capilano Road in North Vancouver. On October 28, 2015 Masoud Jahani was observed looking down while stopped at a red light. When the constable approached Mr. Jahani's vehicle, he could be seen with a cell phone in his hand. He was directed to the side of the road where he told police that he had been inserting a charging cord into the phone because the battery was low. A violation ticket was issued.

This case begins with a street race that took place on August 4, 2008 in Delta. The race ended with one passenger dead and one driver injured. Madam Justice Burke decided liability for the crash on March 24, 2017. She found the driver of the second car involved in the street race 10% liable even though he was not part of the collision and was in police custody when it occurred. What remains to be decided is the amount of damages that the parties are entitled to or will have to pay.