Case Law

Driving related decisions by the courts.

CASE LAW - Immediate Hazard

BC Courts Coat of ArmsThe case of Stempowicz v Dobbs involves a collision at the intersection of Veterans Memorial Parkway and Langford Parkway in Langford. The traffic light was green for the opposing drivers, one turning left and one driving straight through. Justice Morley decides which driver was the immediate hazard.

CASE LAW - Who Was the Driver?

BC Courts Coat of ArmsThe case of Somers v MacLellan involves a single vehicle collision with two vehicle occupants that occurred one night on the Old Fort Loop Road in Fort St. John. Cody Somers was ejected from the vehicle and Richard McLellan remained inside. The court must determine who the driver was to assign liability.

ICBC - No Compensation for Use of Sick Days

ICBC LogoKaren Nishimura was a passenger in a vehicle that was involved in a collision that caused her injury. During her recuperation she used up the banked sick time she had accumulated through her job. Realizing that she might need that sick time if she did not heal from her injury properly or that it would not be available to take as a benefit when she retired, she asked ICBC to compensate her for it.

CASE LAW - Jaura v Rosal

BC Courts Coat of ArmsThe case of Jaura v Rosal involves a right angle collision at the intersection of Inverness Street and 49th Avenue in Vancouver. Traffic on 49th Avenue was stopped bumper to bumper in both directions and Ms. Jaura had stopped at the stop sign northbound on Inverness Street. She intended to travel straight through the intersection.

CASE LAW - R v Robinson

BC Courts Coat of ArmsThe case of R v Robinson involves disobeying a traffic control device at the intersection of Maclure Road and Babich Street in Abbotsford. In this instance, the traffic control device was the speed limit sign for the road that Mr. Robinson was driving on. The ticket alleged that he had failed to obey a traffic control device, but said nothing further.

Passing to Avoid a Collision

BC Courts Coat of ArmsThe case of R v Gray arises from an unsafe passing incident that occurred on the highway near Round Lake. A police patrol that was southbound on the highway observed 3 vehicles abreast approaching. The highway was only two lanes wide for northbound traffic so the third vehicle was being driven between the widely spaced solid yellow lines marked in the centre of four lanes.