Case Law

Driving related decisions by the courts.

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.

CASE LAW - R v Song

BC Courts Coat of ArmsMr. En Song received a traffic ticket for speeding in a school zone while traveling down a steep hill.  He had some difficulty communicating with the police officer due to language problems. He had asked what his speed was and the officer did not tell him. He paid the ticket in full within 30 days.

CASE LAW - R v McMullen

BC Courts Coat of ArmsBrendan McMullen was convicted of speeding against a municipal sign in Burnaby, B.C. on January 22, 2014. His vehicle's speed had been visually estimated at 90 km/h in the posted 60 km/h zone on the Lougheed Highway near the North Road intersection. The Judicial Justice of the Peace found Cst. Bayer's evidence of the speed to prove the Crown's case beyond a reasonable doubt.

CASE LAW - Hmaied v Wilkinson

BC Courts Coat of ArmsFifteen year old Wiael Hmaied was crossing diagonally across Clarke Road in Port Moody near the Barnett Highway. He was walking against the red light displayed at the nearby intersection, not using a crosswalk, when he dropped his cell phone.

CASE LAW - R v Kaiser

BC Courts Coat of ArmsRichard Kaiser was ticketed for failing to slow while passing a police car while that car’s emergency lights were activated. He disputed that ticket on two grounds, the regulation offended the Charter by being too vague and that the officer was merely making notes concerning a previous violator at the time and so had entrapped Mr. Kaiser. Judge Takahashi convicted Mr. Kaiser.

CASE LAW - Basi v The Superintendent of Motor Vehicles

BC Courts Coat of ArmsSpencer Basi was stopped while driving a motor vehicle under the influence of marihuana. A Standardized Field Sobriety Test was conducted after an initial questioning by the arresting officer. Mr. Basi showed symptoms consistent with marihuna impairment, was prohibited from driving for 24 hours and had his vehicle impounded for a similar time period.

CASE LAW - R v Brink's Canada Limited

BC Courts Coat of ArmsAlthough this is an older case, dating from 2005, it is an interesting one. Brink's Canada managed to accrue some 101 parking tickets, likely in relation to their armoured car service within the City of Vancouver.

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