Case Law

Driving related decisions by the courts.

CASE LAW - Chamberlin v ICBC

BC Courts Coat of ArmsTyler Chamberlin is suing ICBC over a hit and run collision alleged to have occurred on July 19, 2018 in Nanaimo. He was riding his bicycle and claims to have been struck by a car whose driver failed to remain at the scene. He says that he suffered both physical and emotional injury.

CASE LAW - R v Wojtkiw

BC Courts Coat of ArmsTerrence Wojtkiw was issued a violation ticket for three Motor Vehicle Act offences while riding a TAG 500 electric scooter equipped with pedals. At the time, the pedals had been installed so that they were side by side instead of opposed to each other, in addition to being positioned behind the usual part of the seat used by the driver. They were essentially useless for propelling the machine.

CASE LAW - R v Prediger

BC Courts Coat of ArmsDaniel Prediger was issued a traffic ticket for speeding at Isle Pierre and appeared in traffic court represented by counsel before Judicial Justice Adair to dispute the allegation. The lawyer raised two issues, the officer using a memory aid to assist in testimony and what evidence needs to be led by the Crown before the court can rely on a speed measuring device reading.

CASE LAW - Howell v Strutt

BC Courts Coat of ArmsThis case is another example of how a series of choices led to a collision. Merritt Towing parked a tow truck on the left side of the divided highway, partially encroaching on the travelled lane, without placing warnings. The angle of the sun and the reflections off of the wet pavement seriously affected the forward vision of drivers at that location. The driver that hit the parked tow truck and been following a large commercial vehicle and chose to pass it on the left instead of on the right.

CASE LAW - R v Bleau

BC Courts Coat of ArmsThe rules surrounding the use of electronic devices while driving have been refined by the BC Supreme Court yet again in the case of R v Bleau. Ryan Bleau was charged for having his smartphone sitting in his vehicle's cupholder using it to listen to a podcast while he drove to work. He was convicted of the offence in traffic court.

CASE LAW - R v Drewcock

BC Courts Coat of ArmsThis is a case where Timothy Drewcock appealed his conviction for speeding in traffic court. His position is that the JJP should not have admitted police radar evidence because there was no evidence explaining when and how the radar instrument used in the case was tested and what tests were made.

CASE LAW - McKenna v Andrews

BC Courts Coat of ArmsCody Andrews and Barry McKenna were driving northbound on Highway 1 between Hutchinson and Chapman Roads in Cobble Hill. Mr. McKenna was operating a motorcycle in the left lane intending to make a left turn onto Hutchinson and Mr. Andrews was driving his sportscar in the right lane. When Mr. Andrews moved to the left lane, they collided.

CASE LAW - R v Grzelak

BC Courts Coat of ArmsPatrick Grzelak has a habit of driving while wearing earbuds that are attached to his iPhone because they help block out the drone of the highway. He was stopped by police and issued a violation ticket for using an electronic device while driving. A dispute of that traffic ticket was not successful so he appealed his conviction to the supreme court of BC.

CASE LAW - R v Seraji

BC Courts Coat of ArmsIt's relatively rare to see a traffic court decision appealed by the Crown. In this case, Aria Seraji was charged with excessive speed and disputed the traffic ticket. After his trial the judicial justice found that Mr. Seraji was not driving at excessive speed and convicted him of the lesser included offence of speeding. Crown appealed the decision.

CASE LAW - Long v Thanas

BC Courts Coat of ArmsKristian Thanas was riding his bicycle southbound in a marked cycling lane on Burrard Street in Vancouver. He noticed a car driven by Joseph Long traveling alongside him with it's right turn signal on as they approached the intersection of Pacific Avenue. Mr. Thanas thought that Mr. Long had neglected to cancel his signal as a right turn at the intersection was not permitted.

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