Case Law

Driving related decisions by the courts.

CASE LAW - Deol v Veach

BC Courts Coat of ArmsIn this case Mr. Deol was riding his bicycle on a sidewalk in a direction opposing traffic on the highway adjacent to him. Mr. Veach was attempting a right turn onto the highway from a parking lot. Both stopped, Mr. Deol on the sidewalk at the parking lot access and Mr. Veach prior to crossing the sidewalk. Both proceeded at the same time and collided.

CASE LAW - Spencer v Superintendent of Motor Vehicles

BC Courts Coat of ArmsIn this case, Kristen Debra-Lee Spencer challenges an Immediate Roadside Prohibition (IRP) in a Supreme Court Review of an adjudicators decision upholding the IRP on review. Ms. Spencer was issued the IRP for being in care and control of a motor vehicle, having alcohol in her body and refusing to provide a breath sample on the demand of a police officer.

CASE LAW - Wong-Lai v Ong

BC Courts Coat of ArmsMrs. Wong-Lai and her husband were crossing Prior Street between Gore and Dunlevy in Vancouver to return to their car. They were struck by a car driven by Mr. Ong. The older couple were not able to cross the street quickly, had chosen to cross where there was not a crosswalk on a wide, busy street at night in a heavy rain.

CASE LAW - R v Shafer

BC Courts Coat of ArmsIan Shafer used to live in Las Vegas, Nevada and had licensed his car there. He moved to Oak Bay, B.C. but had not obtained a BC driver's license or BC license plates and insurance at the time he was stopped for speeding by police in Victoria. He was issued a traffic ticket for speeding, not having a BC driver's license and operating an uninsured vehicle. He pled guilty to speeding and not guilty to the other two counts.

CASE LAW - Walter v Plummer

BC Courts Coat of ArmsLeslie Plummer was riding her motorcycle on Rutland Road in the vicinity of an intersection near two schools in Kelowna, B.C. Shaun Walter was walking diagonally across Rutland Road passing the front of a large truck which obscured him from Ms. Plummer's sight. Without looking, Mr. Walter walked into the path of Ms. Plummer's motorcycle and was struck. Both were seriously injured in the mishap.

CASE LAW - Chang v Alcuaz

BC Courts Coat of ArmsThe case of Chang v Alcuaz examines an intersection collision where the drivers approached each other at right angles. Both claim that they were facing a green light when they proceeded into the intersection. It is interesting to see how the judge determines which driver had actually faced a green traffic signal.

CASE LAW - Quinn v Dubnyk

BC Courts Coat of ArmsThis case examines the application of the Motor Vehicle Act to highways on the Sechelt reserve lands. Quinn was stopped by Constable Dubnyk for operating an uninsured and unlicensed vehicle on a highway within the reserve. He was issued a violation ticket for operating the vehicle without insurance.

CASE LAW - Giesbrecht v Superintendent of Motor Vehicles

BC Courts Coat of ArmsThis is the first reported case that I have seen involving the new Immediate Roadside Prohibition (IRP) provisions of the Motor Vehicle Act. In this case Glenn Giesbrecht requests that the prohibition and fine imposed upon him by the IRP be set aside by the court after an unsuccessful review by an adjudicator with the Office of the Superintendent of Motor Vehicles.

CASE LAW - MacEachern v Rennie

BC Courts Coat of ArmsThis case decides liability after a collision between a cyclist and a large commercial truck. Christina MacEachern was riding or walking beside a bicycle along the King George Highway in Surrey, B.C. She was opposing traffic on the shoulder of the roadway which was narrow due to vehicles parked next to it.