Case Law

Driving related decisions by the courts.

CASE LAW - Provost v Bolton

BC Courts Coat of ArmsOn April 24, 2012 an employee of Dueck Downtown Chevrolet Buick GMC Limited left a pickup truck unlocked, unattended and idling with the keys in the ignition outside one of the dealership's detailing bays. It was stolen by David Bolton.

CASE LAW - R v Rahmani

BC Courts Coat of ArmsThis is an appeal to the Supreme Court over the dismissal of a number of violation tickets by Judicial Justice Adair. In each case the justice decided to dismiss these traffic tickets because they took too long to proceed to trial. Neither the Crown nor the disputants involved had any input into these decisions.

CASE LAW - R v Kafka

BC Courts Coat of ArmsRobert Pitman-Jelly was driving a tractor trailer southbound in the 9800 block of West Saanich Road in Victoria. His intent was to turn left into the driveway for the Marine Technology Center. To prepare for the turn, Mr. Pitman-Jelly moved to the right side of the road in order to make a wide left turn due to the length of his vehicle combination. He was aware of traffic around him and judged that he had sufficient time to make the turn safely. He signalled and started to make his turn only to have a passing vehicle collide with the left front corner of his tractor.

CASE LAW - R v Gjoka

BC Courts Coat of ArmsMarlen Gjoka was travelling eastbound on the Trans Canada Highway entering the posted 50 km/h speed zone that begins near the Harriet Road intersection. Constable Klear of the Saanich police department was stationed 350 meters into the zone observing and measuring the speeds of approaching traffic. He estimated Mr. Gjoka's speed at 100 km/h and using an UltraLyte LRB laser device he measured the speed at 99 km/h. Constable Klear radioed to Sergeant Stewart directing him to stop Mr. Gjoka for the speeding offence.

CASE LAW - Eller v British Columbia (Ministry of Transportation and Infrastructure)

BC Courts Coat of ArmsWilliam Eller represented the Aspen Road Community's interests in this action against the Ministry of Transportation and Infrastructure's (MOTI) proposed changes to the Malahat Highway intersection serving their area. The action was taken because the residents felt that the MOTI failed to incorporate their concerns into the improvement project. An injunction was requested to prevent the changes being made until the safest design for the affected area was determined in full consultation with the residents.

CASE LAW - Truax v Hryb

BC Courts Coat of ArmsHarvey Truax stopped his empty B train combination on the shoulder of Highway 1 near Sorrento, B.C. He allowed the 4 vehicles that had been following him to pass by before he started to make a left turn across the highway into a pullout. His left signal was in operation and he had 300 to 400 m. of highway visible behind him. Finding no overtaking traffic, he began to move from the shoulder into the pullout across the highway.

CASE LAW - R v Jahani

BC Courts Coat of ArmsThis case results from a cell phone infraction enforcement deployment at the intersection of Marine Drive and Capilano Road in North Vancouver. On October 28, 2015 Masoud Jahani was observed looking down while stopped at a red light. When the constable approached Mr. Jahani's vehicle, he could be seen with a cell phone in his hand. He was directed to the side of the road where he told police that he had been inserting a charging cord into the phone because the battery was low. A violation ticket was issued.

CASE LAW - Trytko v Kafafi

BC Courts Coat of ArmsThis case involves the determination of liability for a two vehicle collision in a traffic circle (referred to as a roundabout in the decision) at the intersection of Jervis Street and Nelson Street in Vancouver. Carrie Trytko was driving northbound on Jervis Street and entered the traffic circle after yielding to traffic approaching from her left. Once in the circle she observed Merdahd Kafafi approaching from her right. The court found that Mr. Kafafi failed to slow as he entered the circle and the two vehicles collided.

CASE LAW - Suran v Auluck

BC Courts Coat of ArmsThis case begins with a street race that took place on August 4, 2008 in Delta. The race ended with one passenger dead and one driver injured. Madam Justice Burke decided liability for the crash on March 24, 2017. She found the driver of the second car involved in the street race 10% liable even though he was not part of the collision and was in police custody when it occurred. What remains to be decided is the amount of damages that the parties are entitled to or will have to pay.

CASE LAW - R v C.J.S.

BC Courts Coat of ArmsC.J.S. is a young person who held a class 8 motorcycle learner's licence. He was participating in a group ride from Campbell River to Gold River on Highway 28. He was seriously injured in a collision near the intersection of McIvor Lake Road when a Prius that he had been following signalled right and turned left. This case is interesting because Justice H.W. Gordon dicusses the defence of necessity and accepts it to acquit C.J.S. on a charge failing to keep to the right of a double solid line contrary to section 155(1)(a) MVA.

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