Case Law

Driving related decisions by the courts.

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.

CASE LAW - Alagar v Mackay

BC Courts Coat of ArmsThe case of Alagar v Mackay took place near the intersection of Canada Way and Rosewood Street in Burnaby. The incident involved three vehicles, two of which were in the left lane and their drivers did not want to wait for left turning traffic. Lane changes were made that resulted in a crash involving the third vehicle travelling straight through using the right lane.

CASE LAW - Ahmad v British Columbia (Superintendent of Motor Vehicles)

BC Courts Coat of ArmsThe case of Ahmad v British Columbia (Superintendent of Motor Vehicles) involves Syed (Joe) Ahmad who was 86 years old at the beginning of this story. Mr. Ahmad suffered from a number of health issues and based on a DMER submitted by his doctor, the Superintendent of Motor Vehicles requested the results of the in-office cognitive screening tests.

CASE LAW - Cutting Corners

BC Courts Coat of ArmsThis case decides the liability for a collision at the intersection of 184th Street and 40th Avenue in Surrey. Was the collision caused by a driver cutting corners or a driver failing to stop at the stop sign? Madam Justice Forth makes the decision.

CASE LAW - Radar Testing

BC Courts Coat of ArmsPolice check the radar equipment used to measure vehicle speeds to insure that it is functioning correctly before they write speeding tickets based on the readings. If a speeding ticket is disputed the officer must satisfy the court that the instrument had been tested and was working properly.

CASE LAW - McLeod v British Columbia

BC Courts Coat of ArmsThe case of McLeod v British Columbia (Superintendent of Motor Vehicles) and The Attorney General of British Columbia challenges the constitutionality of s. 320.27(2) of the Criminal Code, which authorizes mandatory alcohol screening (MAS) of drivers for the presence of alcohol as an investigatory tool. Norma McLeod and Nicole Quashnick say that it infringes their ss. 8, 9 and 10(b) rights under the Canadian Charter of Rights and Freedoms.

CASE LAW - Close v Tigas

BC Courts Coat of ArmsThe case of Close v Tigas involves a collision on 18th Street at the lane west of Lonsdale Avenue in North Vancouver. Andria Close was driving her Volkswagen Golf westbound on 18th Street and Ryan Tigas was driving his Mitsubishi Outlander northbound in the lane approaching 18th. Mr. Tigas' view to the east was obstructed by a truck and camper parked to the right of the lane on the south side of 18th Street.