Case Law

Driving related decisions by the courts.

Opening a Door on the Traffic Side

BC Courts Coat of ArmsThis case is a small claims action for damages to the open driver's door of a parked pickup truck when it was hit by a passing cyclist. The case was not decided in favour of the pickup owner.

Was It Dangerous Driving?

BC Courts Coat of ArmsThe initial supreme court decision on the case of R v Hecimovic made me scratch my head. Ms. Hecimovic was charged and acquitted of dangerous driving after causing a collision in a Pitt Meadows. The behaviour was clearly dangerous to me, but the court didn't look at it that way.

Beware of Lane Changes

BC Courts Coat of ArmsThis incident took place at the intersection of Canada Way and Rosewood Street in Burnaby. It involved three vehicles, two of which changed lanes as their drivers did not want to wait for left turning traffic ahead of them. Those lane changes resulted in a crash involving the third vehicle traveling straight through using the right lane.

Visual Speed Estimates

BC Courts Coat of ArmsThis case is an appeal of a traffic court conviction where the officer who issued the ticket used a visual observation of vehicle speed to base the ticket on. The estimation was 90 km/h in the posted 60 km/h zone on the Lougheed Highway near the North Road intersection.

Cycling Without Lights Crash

BC Courts Coat of ArmsThis case arises from a car vs bicycle collision on 116 Street in North Delta at the onset of night. Manjit Dhaliwal and a friend were cycling northbound on 116 Street between 94 and 96 Avenues. Neither bicycle was equipped with a light. Sonia Kakkar was backing out of her driveway, did not see the cyclists and collided with Ms. Dhaliwal.

Modifying a Motor Assisted Cycle

BC Courts Coat of ArmsTerrence Wojtkiw was issued a violation ticket for three Motor Vehicle Act offences while riding a TAG 500 electric scooter equipped with pedals. He had modified this motor assisted cycle (MAC) so that it no longer qualified for exemptions under the Motor Vehicle Act. He disputed the ticket.

Case Law - U Turn Crash

BC Courts Coat of ArmsThe case of Vujevic v Parnell involves the determination of liability for a u turn crash that happened near the intersection of the Mount Seymour Parkway and Fairway Drive in North Vancouver. At this location the Mound Seymour Parkway is a three lane road in a residential area.