Driving related decisions by the courts.
This 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.
Mr. Gilles is seeking to have the courts quash an adjudicator's decision and cancel the Immediate Roadside Prohibition (IRP) issued to him after being stopped by police while driving on Bainbridge Avenue in Burnaby, B.C.
The 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.
This 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.
This 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.
This 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.
The case of Billabong Road & Bridge Maintenance v Brook is a B.C. Supreme Court appeal of a conviction that saw both parties found 50% at fault after a single vehicle collision. The provincial court judge found the road maintenance company partly at fault for the collision because it had not sanded the slippery roadway.
In this case Allen Lukas appeals his conviction for speeding based on the visual observation of his vehicle's speed made by Cst. Neid of the Kelowna R.C.M.P. Detachment.
This case decides the liability for a collision where a motorcycle overtaking two vehicles is struck when the second vehicle pulled out to pass the first. All three had been following together at a speed under the limit. At the first available opportunity the motorcycle passed, not seeing a signal from the vehicle in front.
The case of Knight v Li examines a collision at the intersection of 41 Avenue and Angus Drive in Vancouver, B.C. Mr. Knight, with a BAC of 168 mg%, was traveling southbound on Angus Drive. Mr. Li was traveling eastbound on 41 Avenue in the curb lane.