Case Law

Driving related decisions by the courts.

CASE LAW - Dhaliwal v Randhawa

BC Courts Coat of ArmsGurpreet Dhaliwal and Herman Randhawa were driving southbound on 152nd Street approaching 76 Avenue in Surrey, British Columbia. Mr. Randawa attempted to change lanes and, in doing so, struck the driver’s side of Mr. Dhaliwal’s car with the passenger side of his vehicle. At trial, he said that he had shoulder checked, noted the Dhaliwal vehicle behind him and felt that it was safe to change lanes. Mr. Dhaliwal must have accelerated to get though the intersection before the light changed and contributed to the collision.

CASE LAW - Bayfield v British Columbia (Ministry of Transportation)

BC Courts Coat of ArmsChristine Bayfield was driving her van southbound on the Inland Island Highway in rainy and wet road conditions. She overtook a logging truck to avoid being sprayed by the water it picked up off the pavement. As she passed, she lost control, began to rotate and left the pavement, rolling over in the median. She was traveling at about the posted speed limit of 110 km/h. Aside from speed, a contributing factor to the incident was insufficient tire tread. Mr. Justice Affleck found her to be partially at fault because she was driving too fast for the highway conditions at the time.

HERGOTT LAW - Rear Ender Collision: Whose Fault?

Hergott Law logoPaul examines the case of Bingul v Youngson. It involves a rear end collision at a Vancouver intersection where Murat Bingul was found to have pulled in front of a heavy commercial vehicle and stopped for a traffic light. The driver of the commercial vehicle, Spencer Youngson, was unable to stop due to the suddenly reduced distance to the intersection and collided with the Bingul vehicle.

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.

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