Case Law

Barbara Husband was sentenced to a $500 fine and given a five year driving prohibition after being found guilty of driving without due care and attention when she struck and injured a child while attempting to park in the parking lot of Ospika Pets in Prince George. She appealed the decision as being inappropriate. She lives 17 km. out of town, has driven for 69 years without receiving a traffic ticket, has lots of friends and is active in her church.

Kristen Kringhaug was standing in the driveway of her townhouse complex supervising four children ranging in age from two to four years old while they rode their bicycles. Li Men drove into the complex at low speed, prompting Ms. Kringhaug to begin to shepherd the children off of the driveway onto the grass shoulder. The two year old stopped and did not move off of the driveway, so Ms.

Tania Shelford is a company driver whose vehicle is equipped with a two way mobile radio that allows her to contact her dispatcher. She was using that radio to acknowledge the end of her shift when she was observed by an RCMP officer who stopped her and issued a traffic ticket for distracted driving. She disputed the ticket.

A citizen contacted police to report a hit and run collision in the 2700 block of Franklin Street of Vancouver. A black vehicle had struck a parked car and left the scene. Patrols located a black Honda Accord, BC licence BG3-10K, parked nearby that had sustained collision damage but did not show obvious signs of having been stolen.

Kayvan Payman was ticketed by the Vancouver Police Department for using an electronic device while driving. His hearing was set and on that day he applied to have the matter adjourned. The court denied the adjournment so Mr. Payman pled guilty.

Sentencing was adjourned to a later date and the officer prosecuting advised the court he would be seeking a driving prohibition as part of the penalty.

Tyler Chamberlin is suing ICBC over a hit and run collision alleged to have occurred on July 19, 2018 in Nanaimo. He was riding his bicycle and claims to have been struck by a car whose driver failed to remain at the scene. He says that he suffered both physical and emotional injury.

Terrence Wojtkiw was issued a violation ticket for three Motor Vehicle Act offences while riding a TAG 500 electric scooter equipped with pedals. At the time, the pedals had been installed so that they were side by side instead of opposed to each other, in addition to being positioned behind the usual part of the seat used by the driver. They were essentially useless for propelling the machine.

Daniel Prediger was issued a traffic ticket for speeding at Isle Pierre and appeared in traffic court represented by counsel before Judicial Justice Adair to dispute the allegation. The lawyer raised two issues, the officer using a memory aid to assist in testimony and what evidence needs to be led by the Crown before the court can rely on a speed measuring device reading.

This case is another example of how a series of choices led to a collision. Merritt Towing parked a tow truck on the left side of the divided highway, partially encroaching on the travelled lane, without placing warnings. The angle of the sun and the reflections off of the wet pavement seriously affected the forward vision of drivers at that location. The driver that hit the parked tow truck and been following a large commercial vehicle and chose to pass it on the left instead of on the right.

The rules surrounding the use of electronic devices while driving have been refined by the BC Supreme Court yet again in the case of R v Bleau. Ryan Bleau was charged for having his smartphone sitting in his vehicle's cupholder using it to listen to a podcast while he drove to work. He was convicted of the offence in traffic court.