Case Law

Driving related decisions by the courts.

Pedestrian Failing to Yield

image of pedestrian crossing signShan Khan was a pedestrian trying to cross 152nd Street at 81st Avenue in Surrey. She crossed to the median barrier dividing the four lanes of traffic and waited for the approaching vehicles to stop. When the vehicle using the lane nearest to her did stop, she began to cross. Unfortunately the driver behind that vehicle did not stop, changed lanes to pass it and struck Ms. Khan.

CASE LAW - R v Rahmani

BC Courts Coat of ArmsThis is an appeal to the Supreme Court over the dismissal of a number of violation tickets by Judicial Justice Adair. In each case the justice decided to dismiss these traffic tickets because they took too long to proceed to trial. Neither the Crown nor the disputants involved had any input into these decisions.

Determining Liability for a Bicycle Collision

BC Courts Coat of ArmsThe case of Salo v ICBC involves a bicycle collision that took place at an intersection with North End Road on Saltspring Island. Mr. Salo was seriously injured in the incident and sued ICBC. He claimed that an unidentified driver who was at the scene was responsible for the collision and asked the court to determine liability.

No Notes for Laser Testing

BC Courts Coat of ArmsThis case involves a laser speed measuring operation and a team of observer and interceptor. During the trial the accused's lawyer raised the issue of the laser operator not making written notes on the testing of the laser for accuracy both at the start and the end of the officer's shift.

CASE LAW - Eller v British Columbia (Ministry of Transportation and Infrastructure)

BC Courts Coat of ArmsWilliam Eller represented the Aspen Road Community's interests in this action against the Ministry of Transportation and Infrastructure's (MOTI) proposed changes to the Malahat Highway intersection serving their area. The action was taken because the residents felt that the MOTI failed to incorporate their concerns into the improvement project. An injunction was requested to prevent the changes being made until the safest design for the affected area was determined in full consultation with the residents.

CASE LAW - Truax v Hryb

BC Courts Coat of ArmsHarvey Truax stopped his empty B train combination on the shoulder of Highway 1 near Sorrento, B.C. He allowed the 4 vehicles that had been following him to pass by before he started to make a left turn across the highway into a pullout. His left signal was in operation and he had 300 to 400 m. of highway visible behind him. Finding no overtaking traffic, he began to move from the shoulder into the pullout across the highway.

Impaired Driving Civil Liability

BC Courts Coat of Arms imageDo you have $212,000.00 in spare disposable income? This case assigns liability for an impaired driving crash where ICBC denied the claim because the driver responsible was impaired by alcohol at the time. Driving while impaired by any substance puts a driver in breach of their insurance policy conditions and allows ICBC to recover claims costs from the driver.

CASE LAW - R v Jahani

BC Courts Coat of ArmsThis case results from a cell phone infraction enforcement deployment at the intersection of Marine Drive and Capilano Road in North Vancouver. On October 28, 2015 Masoud Jahani was observed looking down while stopped at a red light. When the constable approached Mr. Jahani's vehicle, he could be seen with a cell phone in his hand. He was directed to the side of the road where he told police that he had been inserting a charging cord into the phone because the battery was low. A violation ticket was issued.