CASE LAW - Lee v Cheuck

BC Courts Coat of ArmsThis is a Small Claims Court case where Mr. Lee is attempting to recover damages from Mr. Cheuck following a minor motor vehicle collision where ICBC found both parties partially at fault. Both parties were proceeding in the same direction some distance apart. Both intended to turn right at the intersection ahead. Mr. Lee had taken a position at the right edge of the roadway and was waiting for a pedestrian to clear the crosswalk in front of him before turning. While he was waiting, Mr. Cheuck pulled up beside him, thinking that he was parked. When the pedestrian cleared, both turned right and collided. The court apportioned blame as well, Mr. Cheuck for an improper turn and Mr. Lee for failing to look and see Mr. Cheuck before he proceeded.

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