Case Law

Driving related decisions by the courts.

CASE LAW - Link v ICBC Appeal

BC Courts Coat of ArmsThis is a case from the BC Court of Appeal that upholds a judgement from the Supreme Court. The incident in question occurred when Peter Link was driving his Jaguar in a snowstorm on Highway 99 between the Highway 10 and Highway 91 exits in Richmond. He was driving at a speed between 40 and 60 km/h when he was passed by an SUV that threw a large amount of snow onto his windshield as it passed by. Mr. Link was unable to see as his wipers could not clear the windshield sufficiently quickly. When he braked he lost control of his vehicle and collided with the median barrier.

CASE LAW - R v Jacobson

BC Courts Coat of ArmsThe police must follow the provisions of the Emergency Vehicle Driving Regulation when they intend to employ the exemption from the rules of the road set out in the Motor Vehicle Act. In this case, Constable Jacobson was driving his police vehicle on Highway 97 at Daimler Drive in West Kelowna approaching a red light. Hoping to save a few minutes arriving at a complaint he activated the police vehicles's emergency lights and siren about 4 - 5 vehicle lengths’ back from the beginning of the left turn lane on Highway 97 going south. He attempted to make a left hand turn in the intersection and was struck by a northbound Jetta.

CASE LAW - R v David

BC Courts Coat of ArmsThis case was sparked by a driver who felt that he was entitled to be next in line at a Tim Horton's drive through in Mill Bay, B.C. He attempted to assert his place by bumping the tire of the pickup truck he felt that he should be in front of. Giving way because of the size difference, this man caught up to the pickup on the highway after they had exited the drive through. He pulled in front of it and braked suddenly several times, finally coming to a stop in the curb lane. He exited his car with a hammer and began to curse and beat on the truck. A passing motorist noted the incident and recorded the car's licence plate number.

CASE LAW - Little v Einarsen

BC Courts Coat of ArmsThis is definitely an odd case! It shows the value of doing regular vehicle maintenance and keeping the receipts to account for it.

Jason Little was walking across the parking lot of a pub in Nanaimo when he was hit from behind by an unoccupied vehicle owned by Lisa Einarsen. Ms. Einarsen had parked the car at the top of the parking lot, set the parking brake, thinks she left it locked and in first gear and went into the pub. Mr. Little sustained significant injury and at the time of the trial some 6 years later could not return to his work because of those injuries.

CASE LAW - Nguyen v British Columbia (Superintendent of Motor Vehicles)

BC Courts Coat of ArmsOn January 13, 2015 Van Nhut Nguyen was sentenced for failing to produce his driver's licence. The penalty was a $750 fine and one year term of probation during which he was not allowed to operate a motor vehicle between the hours of 7:00 pm and 6:00 am. It would appear that this is the result of an incident of driving while being prohibited from doing so.

BC's IRP Program Survives Another Court Challenge

Counsel for Lee Michael Wilson argued that the Approved Screening Device (ASD) result alone could not provide the officer with the reasonable grounds and that the officer was also required to point to other confirmatory evidence. The Supreme Court of Canada ruled today that this is not the case and dismissed the appeal of his Immediate Roadside Prohibition (IRP). The ruling supports the BC Motor Vehicle Act legislation that allows police to quickly and effectively remove impaired drivers from our highways.

CASE LAW - Ferguson v Kennedy

BC Courts Coat of ArmsThis case concerns a collision that occurred on a gravel mountain road near Agassiz, BC. Solomon Kennedy had been passed by a pickup truck that raised a cloud of dust as it passed. Mr. Kennedy was travelling into the sun and was unable to see ahead due to the glare in the dust cloud. Connor Ferguson was travelling in the opposite direction as the pickup passed and saw that the Kennedy vehicle was partly on his side of the road. He sounded his horn and braked to a stop but was struck by the Kennedy vehicle.

CASE LAW - R v Zargarian

BC Courts Coat of ArmsThis is an appeal by Bahman Zargarian from his conviction by a Judicial Justice of the Peace in Provincial Court at Nanaimo on December 19, 2012. Mr. Zargarian's vehicle had been observed in traffic by a constable who visually determined that it was travelling faster than the posted speed limit of 50 km/h. Based on that observation, the constable stopped the vehicle and issued Mr. Zargarian, who was driving, a speeding ticket. Mr. Zargarian disputed the ticket and was convicted in provincial traffic court.

CASE LAW - Shmyr v Superintendent of Motor Vehicles

BC Courts Coat of ArmsIn April of 2014 Michael Shmyr was convicted in Whatcom County Court in the State of Washington of the offence of driving under the influence of alcohol. Mr. Shmyr is a resident of British Columbia and holds a B.C. driver's licence. The State of Washington Department of Licensing subsequently sent a Mandatory Violation Notice to the Insurance Corporation of British Columbia’s (ICBC) Driver Testing and Vehicle Information Department notifying ICBC of the citation and conviction. ICBC noted the violation and conviction on Mr. Shmyr’s BC driving record. Mr. Shmyr next received a Notice of Intent to Prohibit him from driving for twelve months under s. 93(1)(a)(ii) of the Act from the Superintendent of Motor Vehicles.

CASE LAW - Ali v Fineblit

BC Courts Coat of ArmsThis case arises from a collision at the intersection of West 7th Avenue and Pine Street in Vancouver, B.C. A motorcycle driven by Rizwan Ali had stopped at the stop sign on 7th anticipating a left turn onto Pine. Shirley Fineblit was following behind Mr. Ali and decided to pass by him on the left because he had been driving his motorcycle slowly and she thought he was turning right. Mr. Ali turned left and collided with Ms. Fineblit as she passed by.

Syndicate content

Google Ads