Case Law

Driving related decisions by the courts.

Playing Chicken With Your Car

BC Courts Coat of ArmsThe case of Stevanovic v Petrovic involves playing chicken by a driver who was certainly old enough to know better. Mr. Petrovic decided to do this with his friend Mr. Stevanovic who was standing in the street waiting to be picked up. The resulting collision caused a serious leg injury.

CASE LAW - Kelly v Yuen

BC Courts Coat of ArmsIn this case, Ms. Kelly was attempting a left turn at an intersection on a multiple lane highway. Mr. Yuen was oncoming and had briefly stopped in the lane two away from the curb, the curb lane being a restricted lane for bus and cycle use only at the time.

CASE LAW - Schurmann v Hoch

BC Courts Coat of ArmsThe case of Schurmann v Hoch arises from a collision that occurred at dusk in rainy weather. Mr. Schurmann was attempting to turn out of a parking lot onto the highway when he was struck by the vehicle Mr. Hoch (a GLP driver) was operating. Mr. Hoch had failed to turn on his headlights.

CASE LAW - Vedan v Stevens

BC Courts Coat of ArmsThis is a case to decide liability for an injury that resulted when a child fell or jumped from the back of a pickup truck while it was being driven by a driver who was not his parent. The justice examines a driver's duty of care to his passengers. In all cases there is a duty of care required of the passenger to wear a seatbelt.

Racing to Beat a Yellow Light

BC Courts Coat of ArmsThis case involves a serious collision at the intersection of the Trans Canada Highway and Bench Road in North Cowichan. A southbound car turning left at the intersection and a northbound motorcycle proceeding at high speed facing a yellow traffic light meet in the middle.

CASE LAW - Rossi v Superintendent of Motor Vehicles

BC Courts Coat of ArmsMr. Rossi was investigated for driving while impaired by alcohol. He provided a breath sample that registered a fail reading on an Approved Screening Device. Subsequent to that he supplied two samples of breath analyzed at 80 mg% on a BAC Datamaster C instrument. As a result of this, the investigator served Mr. Rossi with an Administrative Driving Prohibition for 90 days.

CASE LAW - R v Berner

BC Courts Coat of ArmsThis is the provincial court decision rendered by Judge P.D. Gulbranson finding Carol Ann Berner guilty of all charges arising out of the death of Alexa Middelaer and the serious injuries caused to her aunt, Daphne Middelaer.