Case Law

Driving related decisions by the courts.

CASE LAW - R v Brownson

BC Courts Coat of ArmsNadia Brownson was driving her pickup truck on First Avenue, within a 50 km/h speed zone, in Prince George on a rainy, autumn night. Scotty Bryan and Tony Shubert had been dropped off near the Dominion Street intersection and were crossing First Avenue from north to south near a nightclub. They saw Ms. Brownson approaching but thought that they had sufficient time to cross.

CASE LAW - R v Erfani

BC Courts Coat of ArmsMana Erfani received a two count traffic ticket for not having a valid driver's licence and using an electronic device while driving. She intended to dispute both counts, but on the advice of an insurance agent, paid the fine for the no driver's licence count. On the date set for the trial of the use electronic device count, Ms. Erfani failed to appear and was deemed convicted.

CASE LAW - Dhaliwal v Randhawa

BC Courts Coat of ArmsGurpreet Dhaliwal and Herman Randhawa were driving southbound on 152nd Street approaching 76 Avenue in Surrey, British Columbia. Mr. Randawa attempted to change lanes and, in doing so, struck the driver’s side of Mr. Dhaliwal’s car with the passenger side of his vehicle.

CASE LAW - Bayfield v British Columbia (Ministry of Transportation)

BC Courts Coat of ArmsChristine Bayfield was driving her van southbound on the Inland Island Highway in rainy and wet road conditions. She overtook a logging truck to avoid being sprayed by the water it picked up off the pavement. As she passed, she lost control, began to rotate and left the pavement, rolling over in the median.

HERGOTT LAW - Rear Ender Collision: Whose Fault?

Hergott Law logoPaul examines the case of Bingul v Youngson. It involves a rear end collision at a Vancouver intersection where Murat Bingul was found to have pulled in front of a heavy commercial vehicle and stopped for a traffic light. The driver of the commercial vehicle, Spencer Youngson, was unable to stop due to the suddenly reduced distance to the intersection and collided with the Bingul vehicle.

CASE LAW - Purewal v Li

BC Courts Coat of ArmsThis is the story of a left turning driver collision at the intersection of Columbia Street and Marine Drive in Vancouver, B.C. Qiang Li was traveling eastbound on Marine Drive attempting to turn left onto Columbia Street. He collided with a car driven by Jasvir Purewal traveling westbound on Marine Drive in the curb lane. Mr Li's vision was limited by other vehicles waiting in the intersection and he relied on a hand gesture given by Vita Sinclair who indicated to him that the curb lane used by Mr. Purewal was clear.

CASE LAW - R v Cram

BC Courts Coat of ArmsDavid Cram was driving eastbound on Water Street in Kelowna, B.C. At the intersection with Clement Avenue, the vehicle in front of him stopped, signalling for a left turn. Mr. Cram slowed and after passing the sidewalk curb bulge passed by the stopped vehicle on the right hand side. The roadway at this point is marked for one lane of travel but is wide enough for two vehicles to use.

CASE LAW - Mullens v Toor

BC Courts Coat of ArmsAnna Mullens was driving eastbound in the left lane of 64th Avenue in Surrey, B.C. As she neared 132 Street her vehicle was struck on the right side by a vehicle driven by Darshan Toor when he exited the Fruiticana parking lot. Mr. Toor explained that he was invited to exit the parking lot by the driver of a van that had stopped in the curb lane.

Driver's Licence Translation

BC Courts Coat of ArmsAbdulrahman Al Farraj is a Saudi Arabian national attending school full time in British Columbia. He was checked by police and produced a Kingdom of Saudi Arabia driver's licence that contained a few words of English and the balance in Arabic. Cst. Hildred of the CRD IRSU unit issued a violation ticket to Mr. Al Farraj for failing to produce a driver's licence as he did not produce a translation that would allow determination of what Mr. Al Farraj was licenced for.

CASE LAW - Ilett v Buckley

BC Courts Coat of ArmsThis case examines a collision between a cyclist, Kyle Ilett, and a driver, Leah Buckley, at the intersection of Admirals Road and Seenupin Road in Esquimalt, B.C. Mr. Ilett was riding northbound on the shoulder of Admirals Road nearing Seenupin Road. The shoulder was marked by a single solid white line on both sides of the road.