CASE LAW - Shaver v Lymbery

This case arises from a collision that happened at the intersection of Ware Road and Highway 19 north of Nanaimo, B.C. Valerie Shaver was turning left from Ware Road to northbound on Highway 19 and Graeme Lymbery was travelling southbound on Highway 19 approaching the Ware Road intersection. The intersection itself is controlled by traffic lights.

Madam Justice J. A. Power found that Mr. Lymbery entered the intersection while facing a green light and that Ms. Shaver had stopped at the red light and then proceeded to make her left turn without waiting for her signal to turn green. The vehicles collided in the intersection and both drivers were injured. To quote from the analysis: "Although the plaintiff adamantly denies this, the cell phone records provide some objective evidence that the plaintiff was on the cell phone at the time of the accident and she was distracted entering the intersection."

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Read the Reasons for Judgment - Shaver v Lymbery