Case Law

Driving related decisions by the courts.

CASE LAW - Davies v Elston

BC Courts Coat of ArmsJim 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.

Duty to Warn Others After a Crash

BC Courts Coat of ArmsHarris 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.

CASE LAW - Link v ICBC

BC Courts Coat of ArmsPeter 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.

CASE LAW - Pacheco v Degife

BC Courts Coat of ArmsThis minor collision turned alcohol fuelled road rage incident occurred on May 31, 2008 on Beach Avenue in Vancouver. Enrique Pacheco had stopped his car in the middle of Beach Avenue. A car driven by Tesfay Degife approached from the rear, sounded the horn and drove around the stopped vehicle.

CASE LAW - R v Song

BC Courts Coat of ArmsMr. En Song received a traffic ticket for speeding in a school zone while traveling down a steep hill.  He had some difficulty communicating with the police officer due to language problems. He had asked what his speed was and the officer did not tell him. He paid the ticket in full within 30 days.

CASE LAW - R v Kaiser

BC Courts Coat of ArmsRichard Kaiser was ticketed for failing to slow while passing a police car while that car’s emergency lights were activated. He disputed that ticket on two grounds, the regulation offended the Charter by being too vague and that the officer was merely making notes concerning a previous violator at the time and so had entrapped Mr. Kaiser. Judge Takahashi convicted Mr. Kaiser.