Case Law

Driving related decisions by the courts.

CASE LAW - R v Goldade

BC Courts Coat of Arms0">This is an examination of the application of Driving Without Due Care and Attention under section 144(1)(a) of the Motor Vehicle Act. In this instance the driver of a van pulled across the path of an oncoming motorcycle because the driver, Goldade, felt that he had sufficient time to clear the motorcycle's lane before it arrived. The misjudgment precipitated a collision in which the driver of the motorcycle died.

CASE LAW - R v Drummond

BC Courts Coat of Arms0">This recent provincial court decision examines a Charter of Rights argument that a delay of 17 months from the offence date to the trial date for a traffic violation ticket is unreasonable. The accused was successful in having the charges dismissed.

CASE LAW - Bhullar v ICBC

BC Courts Coat of ArmsA car owner is not successful in a claim against ICBC for a total loss of their vehicle. The court finds that the owner made misrepresentation to the corporation about who actually owned and was the principal operator of the vehicle and was then involved in the theft and burning of it.

CASE LAW - R v Chisholm

BC Courts Coat of Arms0">This is a tragic case where a rear end collision resulted in the death of a taxi driver and severe burns to his passenger when the taxi caught fire post collision. The events that led up to the taxi being rear ended are no doubt common in every day traffic here in British Columbia, but in this case did not end in a near miss.

CASE LAW - R v Dahlquist

BC Courts Coat of Arms0">The accused was stopped at a roadblock about midnight by police checking for driving infractions. An officer immediately noted that his eyes were bloodshot and watery and he had a mild to moderate odour of liquor on his breath. She read the accused the approved screening device demand and he blew a “Warn”, which indicated his blood alcohol level was between 50mg% and 100mg%.

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