Case Law

This case arises from a collision at the intersection of West 7th Avenue and Pine Street in Vancouver, B.C. A motorcycle driven by Rizwan Ali had stopped at the stop sign on 7th anticipating a left turn onto Pine. Shirley Fineblit was following behind Mr. Ali and decided to pass by him on the left because he had been driving his motorcycle slowly and she thought he was turning right. Mr. Ali turned left and collided with Ms. Fineblit as she passed by.

It looks like British Columbia's Immediate Roadside Prohibition (IRP) program is under a cloud again. In this case Mr. Justice B.C. MacKenzie is asked to stay a driving prohibition issued under the program to Tony Van Bree on May 23, 2015. The basis for the action is that the IRP legislation challenge has made its way to the Supreme Court of Canada and a decision on its validity in law is pending.

This case involves a collision that occurred on Quarry Road in Coquitlam, B.C. Todd McQuillan stopped the Chevrolet Aveo he was driving on the shoulder just past the crest of a hill in order to photograph a bear that had crossed the road in front of him. Madam Justice Gray found that it was possible that part of the vehicle was in the travelled part of the lane. The road has a posted speed of 50 km/h.

Kenneth Malcolm wanted by. He sped up and tailgated a vehicle in the fast lane. When it didn't move out of his way, he changed to the slow lane, overtook and tailgated the vehicle there. That driver braked briefly so that both vehicles had to slow, eventually dropping behind the vehicle that Mr. Malcolm initially hoped would get out of his way.

Jim Davies was unhappy with how close Kevin Elston parked his pickup truck to a cycle lane. The rearview mirror on the truck was a hazard to passing cyclists. Mr. Davies commented to his son who was riding along with him. Mr. Elston overheard the conversation, got into his truck and caught up to the Davies.

Harris Wheeler was driving northbound on Highway 97 in the vicinity of the brake check at the top of the South Taylor Hill. A moose ran across the road from his left and hit the front of his truck. The moose lay on the road and Mr. Wheeler stopped a short distance away to assess the damage. He did nothing to warn others of the moose.

This one is a bit different as the case law comes out of Ontario, although the same principles would apply equally well here in BC. Ricky Pizzacalla was riding a motorized bicycle while prohibited. He was charged criminally and convicted.

Peter Link was driving to White Rock from Richmond on an evening with 2 to 3 inches of new snow. On highway 99 between the highway 10 and highway 91 exits he was passed by an unidentified SUV. The SUV moved into Link's lane after passing at such a short distance that his windshield was completely covered by snow thrown up by the SUV's wheels making it impossible to see.

The Honourable Mr. Justice Macaulay hears the constitutional argument against the current Immediate Roadside Prohibition laws in BC. He decides "... that the salutary effects of the IRP regime far outweigh the alleged deleterious effects. Any violation of s. 8 is, as a result, saved under s. 1.

Russell Jackson was stopped by police when driving a vehicle in Ladysmith, B.C. He produced a Mexican driver's licence to the officer, but it was not accepted. He was ticketed for driving without a valid driver's licence and the vehicle was impounded.