Case Law

This case arises from a distracted driving related collision that happened at the intersection of Ware Road and Highway 19 in Lantzville. Valerie Shaver was turning left from Ware Road to northbound on Highway 19 and Graeme Lymbery was travelling southbound on Highway 19 approaching the Ware Road intersection.

Mr. Soriano was convicted of speeding and fined $138 on April 6, 2010. He subsequently appealed his conviction to the Supreme Court of BC claiming that the verdict was unreasonable because he was not exceeding the speed limit. There was a miscarriage of justice because his hearing was not fair. The Justice showed an attitude toward him that offended and intimidated him.

A green light doesn't always mean go unless you've had a good look to make sure that there are no hazards present before you proceed. Jennifer Biggers learned this when the vehicle she was driving collided with Carol Murdoch, who was crossing quickly in a marked crosswalk against a red light.

Dixon Ormiston fell from his bicycle and sustained serious injury after being forced against a concrete abutment by a vehicle that veered into his path while he was passing it on the right side. Of interest in deciding the liability in this case is the examination of passing on the right, both by a vehicle driver and a cyclist.

Speeds considered excessive by residents are considered reasonable by these same persons when they are driving in another neighborhood. This observation is taken from a publication titled Speed Control in Residential Areas by the Institute of Transportation Engineers (ITE). It goes on to say that residents’ complaints are usually accompanied by a proposed solution to the speeding problem...stop signs.

Brian Alexander was stopped for excessive speeding in Kamloops, B.C. He was issued a traffic ticket for excessive speed and police attempted to impound his vehicle for seven days as required by the Motor Vehicle Act. Mr. Alexander responded that he had no intention of giving up his vehicle, sat inside it and refused to get out when required to do so by the officer.

Kaarina Engelbrecht was reported to police as an erratic driver on March 27, 2011. Her vehicle was located by patrols and after an altercation at roadside she was taken to the Kelowna RCMP detachment for breath testing. She provided breath samples of 110 mg% and was charged with driving without due care and attention.

Clare Bekkers spent the evening at a friend's residence in Victoria drinking and using cocaine. The following day she collected her young children and headed home to Nanaimo. When she started her journey that day at 12:30 pm her blood alcohol level was between 93 and 148 milligrams of alcohol per 100 millilitres of blood. There was some indication that she may have consumed beer in her vehicle on the way home.

This is a case involving a pedestrian (Brian Cairney) and a driver (Kimberly Miller) who met in a crosswalk at the intersection of Vernon and Hall Streets in Nelson, B.C. It was evening and Mr. Cairney saw the vehicle driven by Ms. Miller slow down, so he assumed that she had seen him and was slowing to allow him to cross. Ms.

Mark Clayton Mahovlich needed some ID because his driver's licence had been cancelled. He applied for a BCID using his brother's Care Card and birth certificate, neither of which carries a photo. Mark has a history of identifying himself as his brother and has caused significant problems for the brother by doing this.