Case Law

In this article Paul describes a David vs Goliath case where Frank Kristen disagreed with the ICBC claims adjuster finding him 100% at fault for a collision. Mr. Kristen proceeded to a Claims Assessment Review where the adjudicator agreed with the claims adjuster. The final step was to have the issue heard before the court and the case against ICBC was commenced.

Not all collision litigation resulting from crashes on our highways involve motor vehicles. In this case, the collision occurred between Rosario Perilli, a jogger, and Wendy Marlow, a 10 year old youth riding a bicycle. Mr. Perilli fell to the ground in his attempt to avoid the collision and suffered injuries, including one to his shoulder that required surgery to repair.

Robert Tomkowicz was issued a violation ticket for crossing a solid line and illegal use of an HOV lane while traveling southbound on Highway 99 in Richmond, B.C. The judicial justice in traffic court convicted him for both offences after a trial.

On the 19th of August, 2013 Christopher Griffith stopped his vehicle in the parking lot of the Royal Canadian Legion on 106 Avenue in Surrey, B.C. He became involved in an altercation with people present in the parking lot. Matters escalated to the point that these people advanced on his vehicle brandishing weapons and Mr. Griffith feared serious harm to himself, his passenger and his vehicle. He accelerated quickly away, crossing an adjacent vacant lot and departing northbound on 135A Street.

This case involves Doctor Benham Beheshti who was a physician at a hospital in Port Moody and lived in Vancouver. On August 30, 2015 he was on call and summoned to the hospital to treat a seriously ill patient. He was stopped for speeding on Pender Street and issued a traffic ticket by a member of the Vancouver Police Department.