Case Law

Driving related decisions by the courts.

CASE LAW - Purewal v Li

BC Courts Coat of ArmsThis is the story of a left turning driver collision at the intersection of Columbia Street and Marine Drive in Vancouver, B.C. Qiang Li was traveling eastbound on Marine Drive attempting to turn left onto Columbia Street. He collided with a car driven by Jasvir Purewal traveling westbound on Marine Drive in the curb lane. Mr Li's vision was limited by other vehicles waiting in the intersection and he relied on a hand gesture given by Vita Sinclair who indicated to him that the curb lane used by Mr. Purewal was clear.

CASE LAW - R v Cram

BC Courts Coat of ArmsDavid Cram was driving eastbound on Water Street in Kelowna, B.C. At the intersection with Clement Avenue, the vehicle in front of him stopped, signalling for a left turn. Mr. Cram slowed and after passing the sidewalk curb bulge passed by the stopped vehicle on the right hand side. The roadway at this point is marked for one lane of travel but is wide enough for two vehicles to use. Cst. Paetz was following Mr. Cram in a marked police vehicle and stopped him, issuing a traffic ticket for illegally passing on the right. A judicial justice convicted Mr. Cram of the offence after a trial.

CASE LAW - Mullens v Toor

BC Courts Coat of ArmsAnna Mullens was driving eastbound in the left lane of 64th Avenue in Surrey, B.C. As she neared 132 Street her vehicle was struck on the right side by a vehicle driven by Darshan Toor when he exited the Fruiticana parking lot. Mr. Toor explained that he was invited to exit the parking lot by the driver of a van that had stopped in the curb lane.

CASE LAW - R v Al Farraj

BC Courts Coat of ArmsAbdulrahman Al Farraj is a Saudi Arabian national attending school full time in British Columbia. He was checked by police and produced a Kingdom of Saudi Arabia driver's licence that contained a few words of English and the balance in Arabic. Cst. Hildred of the CRD IRSU unit issued a violation ticket to Mr. Al Farraj for failing to produce a driver's licence as he did not produce a translation that would allow determination of what Mr. Al Farraj was licenced for.

CASE LAW - R v Yeghiyan

BC Courts Coat of ArmsSos Yeghiyan was issued a violation ticket for speeding with a ticketed amount of $196 on March 28, 2016. He paid the discounted amount of that traffic ticket on March 31, 2016. On July 13, 2016 Mr. Yeghiyan appeared before Madam Justice Adair in Vancouver and attempted to withdraw his guilty plea. He was not successful.

CASE LAW - Ilett v Buckley

BC Courts Coat of ArmsThis case examines a collision between a cyclist, Kyle Ilett, and a driver, Leah Buckley, at the intersection of Admirals Road and Seenupin Road in Esquimalt, B.C. Mr. Ilett was riding northbound on the shoulder of Admirals Road nearing Seenupin Road. The shoulder was marked by a single solid white line on both sides of the road. Ms. Buckley was driving her car southbound and turned left onto Seenupin Road when an oncoming driver in slow traffic stopped to allow her to make the turn. Mr. Ilett proceeded through the intersection and collided with the passenger side of Ms. Buckley's car.

CASE LAW - R v Wong

BC Courts Coat of ArmsOne way of preparing for a traffic ticket dispute is to request disclosure from the officer who issued it. It was relatively rare to receive such a request but when one did appear the disputant often asked for everything, including the tread depth of the right rear tire on the police car. It was fairly clear that the request was based on advice found on the internet rather than obtained from a lawyer. Disclosing less than what was requested (but still reasonable in the circumstances) resulted in complaints to the justice at the hearing.

CASE LAW - Olson v Farran

BC Courts Coat of ArmsShortly before 8:40 a.m. on February 17, 2011 Kristin Olson was walking along Jervis Street at Nelson Street in Vancouver, B.C. She was walking in the direction of Davie Street and stopped to watch for traffic before crossing Nelson. She observed a car driven by Ashraf Farran approaching in the distance across the traffic circle.

CASE LAW - R v Nguyen

BC Courts Coat of ArmsThis is a case where a series of bad decisions and defective equipment led to the death of a pedestrian walking on a path beside the highway at Ucluelet. Van Nho Nguyen had performed maintenance on the rear brakes of his truck that resulted in those brakes not functioning correctly. He attached an overloaded boat trailer that had the surge brake removed to the truck and drove from Toquart Bay to Ucluelet. On the way, Mr. Nguyen lost control of the combination. The trailer struck Ms. Lorraine Ennis, who was walking on a pedestrian path beside the highway, dragged her approximately 15 metres, and killed her.

CASE LAW - R v Drake

BC Courts Coat of ArmsOn September 21, 2014 Barry Drake was driving a vehicle on Loughborough Drive in Campbell River, B.C. He was a prohibited driver and had decided to "do doughnuts" in a residential area that is part of the Wei Wai Kum First Nation’s Reserve. The street is marked with a sign that reads “You Are Now Entering Private Land - Please Drive carefully.”

Syndicate content

Google Ads