Case Law

Driving related decisions by the courts.

Entering Angle Parking

BC Courts Coat of Arms imageThe case of Haughian v Jiwa determines liability for a crash on Sunset Street in Burnaby. The driver who caused the crash was trying to enter an angle parking space improperly and was struck by the driver following behind her in the adjacent lane. What is unique in this incident is that the spaces here requires a driver to back in.

Failing to Take Reasonable Care

BC Courts Coat of ArmsRoad users, drivers, cyclists and pedestrians, have a duty to take reasonable care for themselves and others. If they do not follow the traffic rules they assume a heightened duty of care according to the courts. In this case both the driver and the cyclist involved failed to do so and collided with each other.

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.

He Was a B.C. Resident

BC Courts Coat of Arms imageIan Shafer used to be a Las Vegas, Nevada resident and had licensed his car there. He moved to Victoria but had not obtained a B.C. driver's license or B.C. licence plates and insurance. He was stopped for speeding by police in Victoria. The incident resulted in a traffic ticket for speeding, not having a BC driver's license and operating an uninsured vehicle being issued.

Pedestrian vs Motorcycle Collision

BC Courts Coat of Arms imageThis case decides the liability for a collision involving a motorcycle and a pedestrian on Rutland Road near the intersection of Leathead Road in Kelowna. The pedestrian walked into traffic without looking and the view of the motorcycle rider was obstructed by a parked truck.

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.