Case Law

Driving related decisions by the courts.

CASE LAW - Felix v ICBC

BC Courts Coat of ArmsMarnetta Felix and her boyfriend Kevin Hearne attended a soccer tournament. Following his last game of the day Kevin went to the concession and started drinking beer. He consumed enough over the next two or more hours that he became quite intoxicated. At one point he saw Marnette with her arm around another man and became angry.

CASE LAW - Tataryn v Browne

BC Courts Coat of ArmsThe incident that gave rise to this case occurred on November 17, 2006 at Kamloops and the court proceedings determining liability ended last week. Adrianna Browne was driving a pickup truck carrying temporary farm workers from a Knutsford farm to the New Life Mission downtown. The trip ended on Long Lake Road when the truck went down an embankment, rolling several times. The 14 occupants in the truck took action against Adrianna and her mother, the owner of the truck, for injuries received in the collision.

CASE LAW - Olchowy v Tomkulak

BC Courts Coat of ArmsThis is the story of a two vehicle collision that happened in the uncontrolled intersection of Jervis Street and Gordon Avenue in Port Coquitlam, B.C. Michelle Olchowy was travelling south on Jervis Street and Clifford Tomkulak was travelling east on Gordon Avenue. Ms. Olchowy entered the intersection within a second or fraction of a second of Mr. Tomkulak.

CASE LAW - R v Stein

BC Courts Coat of ArmsPaul Stein was convicted of failing to wear a seatbelt for an incident that occurred on Hillside Avenue in Victoria, B.C. He was observed by Sergeant LeBlanc who pulled him over and issued the ticket. Mr. Stein's argument was that he was a commercial vehicle driver engaged in frequent stops and was exempt from having to wear a seatbelt. The justice reduced the fine.

CASE LAW - Vance v Cartwright

BC Courts Coat of ArmsWilliam Vance was riding an unlicenced, uninsured off road motorcycle southbound on 198 Street in Langley, B.C. He was not wearing a helmet and was exceeding the speed limit. Cristine Cartwright was eastbound on 21 Avenue and had stopped at the stop sign before entering 198 Street intending to turn northbound. Vision was limited for drivers on 21 avenue looking northbound by roadside vegetation.

CASE LAW - Lewis v British Columbia (Public Safety and Solicitor General)

BC Courts Coat of ArmsDelores Lewis was required to take the computer based version of the DriveABLE test and failed. The Superintendent of Motor Vehicles directed ICBC to cancel her driver's licence. Reconsideration of this decision was possible if she was able to provide a report from her doctor indicating that she was medically fit to drive. This was provided and Ms. Lewis took the test a second time. The result of the second test indicated that her abilities had declined. Her licence remained cancelled.

CASE LAW - R v Thandi

BC Courts Coat of ArmsThe officer was mistaken your worship, I was talking on my wallet, not a cell phone! This was the defense advanced before Judicial Justice of the Peace H. W. Gordon by Bhavjit Thandi after being ticketed by Cst. LeBlanc, a member of the Capital Regional District Integrated Road Safety Unit. Cst. LeBlanc had watched Mr.

CASE LAW - R v Hecimovic

BC Courts Coat of ArmsThis decision as reported in the press last week made me scratch my head. We have a driver who was doing at least 20 km/h over the speed limit, went straight through from a right turn only lane against a red light, hit a concrete median, lost control and collided with another vehicle, killing both occupants.

CASE LAW - Tran v Edbrooke

BC Courts Coat of ArmsOn December 13, 2008 at about 11:00 pm Van Tan Tran was driving southbound on Nanaimo Street in Vancouver, B.C. At the intersection of East 29th Avenue his vehicle collided with a vehicle being driven by William Edbrooke who was travelling westbound on East 29th and had slid through the stop sign on snow covered pavement. Mr.

CASE LAW - Potestio v Superintendent of Motor Vehicles

BC Courts Coat of ArmsFrank Potestio added four hazardous moving violations and one fail to wear seatbelt violation to his driving record between August 29, 2009 to May 9, 2011. He was sent a warning letter on June 19, 2011. Mr. Potestio committed two further driving offences on February 2, 2012 and was sent a letter placing him on probation for six months effective March 8, 2012. On January 16, 2013, Mr. Potestio committed a further offence of speeding. On March 5, 2013, the Superintendent sent Mr. Potestio a notice of prohibition for a period of three months.

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