Case Law

Driving related decisions by the courts.

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.

CASE LAW - R v Roberts

BC Courts Coat of ArmsIn this case Mr. Roberts fell asleep at the wheel and left the roadway. During investigation of the event he told police that he had been partying late at night and had consumed alcohol. There was not sufficient evidence to convict him of impaired driving, although the reasons why are not discussed. Mr.

CASE LAW - R v Lambert

BC Courts Coat of ArmsIn this B.C. Supreme Court case Mr. Lambert is appealing his conviction on a traffic ticket for speeding at 126 km/h in a posted 90 km/h speed zone. He raised the following points in his appeal:

CASE LAW - Najdychor v Swartz

BC Courts Coat of ArmsThis decision of the B.C. Supreme Court examines the situation where two opposing vehicles approach an uncontrolled intersection. One is turning left (Swartz) and the other is proceeding straight through (Najdychor).

CASE LAW - R v Eged

BC Courts Coat of ArmsThis is a case of failing to stop for a red light with evidence produced from a red light camera. Mr. Eged, a lawyer, attempts to have the charge quashed by showing (a) The Certificate of Vehicle Ownership -- Exhibit 2, admitted into the evidence, does not meet requirements of s.82.1 of the Act; (b) the “Enforcement Officer’s Certificate” -- Exhibit 1, does not meet requirements set out in s. 83.1 of the Act, and that the illegibility of the licence plate cannot be saved by an Enforcement Officer’s certification; and, (c) the licence plate photographed is silent with respect to jurisdiction.

CASE LAW - R v Dubbin

BC Courts Coat of ArmsIn this case Wendy Dubbin admits to not wearing a seatbelt and then attempts to have the charge dismissed. She argues that the provision of the Motor Vehicle Act which creates the offence of failing to wear a seatbelt violates her rights under section 2 and section 7 of the Canadian Charter of Rights and Freedoms.

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