Case Law

Harvey Truax stopped his empty B train combination on the shoulder of Highway 1 near Sorrento, B.C. He allowed the 4 vehicles that had been following him to pass by before he started to make a left turn across the highway into a pullout. His left signal was in operation and he had 300 to 400 m. of highway visible behind him. Finding no overtaking traffic, he began to move from the shoulder into the pullout across the highway.

Do you have $212,000.00 in spare disposable income? Ryan Hamman rear ended a vehicle that was stopped on Highway 1 near 176 Street in Surrey, B.C. That vehicle was driven forward into the vehicle in front of it and the driver of the first vehicle was injured. ICBC denied coverage because Mr. Hamman was impaired by alcohol at the time of the collision. Litigation ensued with the final outcome being damages against Mr. Hamman and in favour of ICBC amounting to $212,000.00.

This case results from a cell phone infraction enforcement deployment at the intersection of Marine Drive and Capilano Road in North Vancouver. On October 28, 2015 Masoud Jahani was observed looking down while stopped at a red light. When the constable approached Mr. Jahani's vehicle, he could be seen with a cell phone in his hand. He was directed to the side of the road where he told police that he had been inserting a charging cord into the phone because the battery was low. A violation ticket was issued.

This case involves the determination of liability for a two vehicle collision in a traffic circle (referred to as a roundabout in the decision) at the intersection of Jervis Street and Nelson Street in Vancouver. Carrie Trytko was driving northbound on Jervis Street and entered the traffic circle after yielding to traffic approaching from her left. Once in the circle she observed Merdahd Kafafi approaching from her right. The court found that Mr. Kafafi failed to slow as he entered the circle and the two vehicles collided.

This case begins with a street race that took place on August 4, 2008 in Delta. The race ended with one passenger dead and one driver injured. Madam Justice Burke decided liability for the crash on March 24, 2017. She found the driver of the second car involved in the street race 10% liable even though he was not part of the collision and was in police custody when it occurred. What remains to be decided is the amount of damages that the parties are entitled to or will have to pay.

C.J.S. is a young person who held a class 8 motorcycle learner's licence. He was participating in a group ride from Campbell River to Gold River on Highway 28. He was seriously injured in a collision near the intersection of McIvor Lake Road when a Prius that he had been following signalled right and turned left.

Paul examines an impaired driving crash in Vernon that occurred in October 2014 and recently concluded in court. Lori Vance is a mother of 4 with an unblemished driving record and was known for making sure that others did not drive while impaired. She made the choice to drive after drinking at a bar one night, running a red light, killing Erin Smith and seriously injuring Lindsey Hauck.

This is the story about a fatal collision between an SUV and a motorcycle at the intersection of the Shawnigan Lake Road and the Trans-Canada Highway near the village of Shawnigan Lake on July 7, 2014. Shannon Ward was traveling eastbound on Shawnigan Lake Road and had stopped for the stop sign at the intersection with the Trans-Canada Highway.

Mandeep Gainder, a novice driver, was discovered sitting in his idling car which emitted a strong odour of marihuana from the passenger compartment. Constable Troughton performed a Standardized Field Sobriety Test on Mr. Gainder who admitted smoking the drug and failed the test. A 24 hour prohibition for drug use was issued by Constable Earle. This suspension was not disputed.

Gordon Mace, a 40 year old driver who held a class 7 driver's licence and was part of the Graduated Licencing Program (GLP) appeals a driving prohibition imposed by RoadSafetyBC after he received two traffic tickets.