Case Law

Driving related decisions by the courts.

Protecting Your Interest After a Hit & Run

Intersection CrashIn response to hearing the siren of an approaching fire engine, Cindy Li slowed in preparation to yield to it. While her vehicle was still moving, it was struck from behind by another car. She stopped, exited her car, walked back to the other car and spoke to the young male driver, requesting that he pull over to exchange information. As she returned to her car, the male drove around her and disappeared from sight.

CASE LAW - McQuillan v Dean

BC Courts Coat of ArmsThis case involves a collision that occurred on Quarry Road in Coquitlam, B.C. Todd McQuillan stopped the Chevrolet Aveo he was driving on the shoulder just past the crest of a hill in order to photograph a bear that had crossed the road in front of him. Madam Justice Gray found that it was possible that part of the vehicle was in the travelled part of the lane. The road has a posted speed of 50 km/h.

CASE LAW - R v Malcolm

BC Courts Coat of ArmsKenneth Malcolm wanted by. He sped up and tailgated a vehicle in the fast lane. When it didn't move out of his way, he changed to the slow lane, overtook and tailgated the vehicle there. That driver braked briefly so that both vehicles had to slow, eventually dropping behind the vehicle that Mr. Malcolm initially hoped would get out of his way. He moved back behind that first vehicle and continued to tailgate it. All of Mr. Malcolm's movements were made at a speed above the posted speed limit.

CASE LAW - Davies v Elston

BC Courts Coat of ArmsJim Davies was unhappy with how close Kevin Elston parked his pickup truck to a cycle lane. The rearview mirror on the truck was a hazard to passing cyclists. Mr. Davies commented to his son who was riding along with him. Mr. Elston overheard the conversation, got into his truck and caught up to the Davies.

CASE LAW - Ziemer v Wheeler

BC Courts Coat of ArmsHarris Wheeler was driving northbound on Highway 97 south of Taylor, B.C. when his vehicle collided with a moose. Shortly afterward Aron Walter, driving southbound, struck that moose which was then laying on the highway. That collision caused his vehicle to cross over the center line where he struck a vehicle driven by Raymond Ziemer head on.

CASE LAW - Motor Vehicle or Motorized Bicycle?

Gasoline Motor Powered BicycleThis one is a bit different as the case law comes out of Ontario, although the same principles would apply equally well here in BC. Ricky Pizzacalla was riding a motorized bicycle while prohibited. He was charged criminally and convicted. The case went all the way to the Ontario Court of Appeal where leave to hear the appeal was denied.

CASE LAW - Link v ICBC

BC Courts Coat of ArmsPeter Link was driving to White Rock from Richmond on an evening with 2 to 3 inches of new snow. On highway 99 between the highway 10 and highway 91 exits he was passed by an unidentified SUV. The SUV moved into Link's lane after passing at such a short distance that his windshield was completely covered by snow thrown up by the SUV's wheels making it impossible to see. Mr. Link braked, spun out of control and collided with the cable barrier in the center median. This court case determined that the SUV driver was negligent and responsible for the collision, not Mr. Link.

CASE LAW - Bro v Superintendent of Motor Vehicles

BC Courts Coat of ArmsThe Honourable Mr. Justice Macaulay hears the constitutional argument against the current Immediate Roadside Prohibition laws in BC. He decides "... that the salutary effects of the IRP regime far outweigh the alleged deleterious effects. Any violation of s. 8 is, as a result, saved under s. 1.

CASE LAW - Jackson v ICBC

BC Courts Coat of ArmsRussell Jackson was stopped by police when driving a vehicle in Ladysmith, B.C. He produced a Mexican driver's licence to the officer, but it was not accepted. He was ticketed for driving without a valid driver's licence and the vehicle was impounded.

CASE LAW - Pacheco v Degife

BC Courts Coat of ArmsThis minor collision turned alcohol fuelled road rage incident occurred on May 31, 2008 on Beach Avenue in Vancouver. Enrique Pacheco had stopped his car in the middle of Beach Avenue. A car driven by Tesfay Degife approached from the rear, sounded the horn and drove around the stopped vehicle.

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