Case Law

If Tenessa Nikirk could undo the moments in her life that caused this collision, I have no doubt that she would. The bad judgment (and driving) that she exhibited on December 20, 2017 in Saanich lead to a collision with 11 year old Leila Bui in a crosswalk leaving the girl with life shattering injuries that she will never recover from. Nikirk has been convicted of dangerous driving causing bodily injury.

The case of Burroughs v Chiasson involves a collision between a fully marked police vehicle being operated code 3 and a family mini van in the intersection of First Avenue and Young Road in Chilliwack.

On August 21, 2018 Philip Partridge was observed by police looking downward while driving. After being stopped, it was noted that he had a cellphone wedged between the folds of the passenger seat with the screen facing him. The screen was not lit when the officer looked inside Mr. Partidge's vehicle.

Christina Block was driving eastbound on Yarrow Central Road near No. 3 Road in Yarrow. She and her family were returning from the movies. Kevin Schmitt was driving westbound and veered into the Block's lane, causing a sideswipe collision. Ms. Block pulled over and stopped but Mr. Schmitt did not.

On November 7, 2018 Cst. Neid was participating in a two person enforcement operation where he was the observer beside Highway 33 in Kelowna. In his evidence he states that he observed Corinne Jackson driving toward him "shovelling" food from a bowl into her mouth and was not holding the steering wheel.

Cst. Neid estimate the speed of Ms. Jackson's vehicle at 60 km/h in the 50 km/h speed zone.

This case resolves liability for a collision that took place at the intersection of Rutherford Road and Cedar Ridge Place in Nanaimo. A car was being driven eastbound on Rutherford Road by Gordon Pereira at a speed of between 80 and 115 km/h in the 50 km/h municipal speed zone. A van driven by William Jory stopped at the stop sign northbound on Cedar Ridge Place and then began to turn west on Rutherford Road.

This is a road rage incident that occurred near Saanich starting on McKenzie Avenue near Glanford Avenue and proceeding westbound. It ended at the red light on Burnside Road near the TD Bank when one driver decided to spit on the other and the police were called.

We often think of the physical damage caused by collisions but what about the mental harm? The case of Marcena v Thomson involves a court action for the psychological injuries suffered by a husband who watched his wife being injured in a crash as they crossed the road together and were struck by a motorcycle.

This case involves a head on collision between two vehicles driven by Wasanthi Naidu and Xu Xia Zhong on Blundell Road between #6 and Sidaway Roads in Richmond. Both drivers claim that the other was on the wrong side of the road at the time of the crash.

This case resolves liability for a collision between a car driven by Johnberlyn Uy and a tractor-trailer combination driven by Daljit Singh Dhillon on the Coquihalla Highway just west of the Zopkios brake check. The collision occurred in the early morning hours of January 31, 2014 following a winter storm. At that time the road conditions were relatively good, consisting of a light coat of a mixture of compact snow and sand.