Case Law

Driving related decisions by the courts.

CASE LAW - Nikkhah v Batin

BC Courts Coat of ArmsThis case involves a Shaw Cablesystems van driven by Mauricio Batin and a motorized wheelchair driven by Najafholi Nikkhah at the intersection of Queens Avenue and 8th Street in New Westminster. Mr. Batin was driving along Queens Avenue to make a right turn at 8th Steet and Mr. Nikkhah was using the marked crosswalk on 8th Avenue to cross Queens Avenue. Mr. Batin did not see Mr. Nikkhah and a collision resulted.

CASE LAW - St. Denis v Turner

BC Courts Coat of ArmsThis case arises from a two vehicle collision that occurred at the intersection of 200 Street and 62 Avenue in Surrey. It involves a car driven southbound on 200 Street, turning left onto 62 Avenue and a car driven northbound on 200 Street in the right hand or curb lane. Traffic in the left and middle lanes of 200 Street northbound was at a standstill due to congestion.

CASE LAW - R v Schurman

BC Courts Coat of ArmsJagger Ross Schurman was stopped by police in Vancouver for a number of violations while he was driving his mother's car. "He was under the impression that he would be principally fined but that the tickets would not go on his driving record. He also indicated that he was led into an erroneous understanding about the effect of pleading guilty with respect to the accumulation of points against his driver's licence by the attending officer's roadside statements."

CASE LAW - R v Tang

BC Courts Coat of ArmsHao Bin Tang is a class 7 new driver and as such is prohibited from using an electronic device while driving. He was checked driving over the speed limit, flagged to the side of the road and approached by an officer who found Mr. Tang with both hands on a lit cell phone with his head down. In addition to the speeding ticket, the driver was also issued a ticket for using the electronic device which he disputed.

CASE LAW - McCormick v Plambeck

BC Courts Coat of ArmsThis case looks at host liability for a crash on Saltspring Island following a party at the home of Stephen and Lidia Pearson. Ryan Plambeck drove away from the party, left the roadway and crashed into the woods beside the road. He was killed and Calder McCormick, a passenger in the vehicle was seriously injured.

CASE LAW - R v Rajani

BC Courts Coat of ArmsOn March 15, 2019 Zahir Rajani was issued a violation ticket for using an electronic device while driving. He had been observed by police to be looking down while driving his vehicle. When stopped, it was discovered that Mr. Rajani had a cell phone in his lap, facing up, connected by cord. The constable could not say if the screen was lit or not. Mr. Rajani disputed the ticket.

CASE LAW - Sisett v British Columbia (Attorney General)

BC Courts Coat of ArmsIan Sisett was stopped by police for driving at an excessive speed near Grand Forks. He received a traffic ticket for that offence and the vehicle he was driving was impounded as required by section 251 MVA. Being without a vehicle, Mr. Sisett rode back to Grand Forks with the tow truck driver and stayed the night while family members arranged transportation back to Kelowna for him.

CASE LAW - Donato v Quach

BC Courts Coat of ArmsThis case involves a collision at the intersection of 86 Avenue and 160 Street in Surrey. Joshua Donato had stopped for the stop sign westbound on 86 Avenue intending to turn right. Due to limited visibility he moved forward and slightly to the right in anticipation of making the turn.

CASE LAW - R v Ghadban

BC Courts Coat of ArmsAli Ghadban was convicted in traffic court for not having a valid driver's licence and for driving without insurance for operating a Motorino XMr on the road in Surrey, B.C. He appealed his conviction on the ground that the Motorino was a motor assisted cycle (MAC) and he was excluded from the requirements to be licensed and insured while operating it.

CASE LAW - Toevs v Williams

BC Courts Coat of ArmsRyan Toevs parked his truck on West 4th Avenue in Vancouver. He exited the truck and walked across the street to deliver an envelope to a friend. Following that delivery, he observed traffic and determined that it was safe for him to cross back to his truck and enter it. On arriving at the driver's door, Mr. Toevs decided that it would not be safe to open the door and stood with his back to the truck to let approaching vehicles pass.

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