Case Law

Driving related decisions by the courts.

CASE LAW - R v Dhaliwal

BC Courts Coat of ArmsIn this case Mr. Dhaliwal struck a 77 year old pedestrian and then failed to remain and render assistance as required. The pedestrian, Douglas Hull, came to rest under a van and was not discovered for about 25 minutes. He was conscious and alert when found but later died in hospital. The occupants of Mr.

CASE LAW - Schlappner v Serfas and Peknik

BC Courts Coat of ArmsThis case involves a collision that happened at an intersection where one street is controlled by traffic lights and the cross street by stop signs. Dr. Schlappner stopped at the stop sign, saw that the traffic lights were red and proceeded to cross the intersection. While he was crossing, the traffic signal turned green and a vehicle driven by Mrs. Serfas proceeded and collided with him.

CASE LAW - R v Moreno Munoz

BC Courts Coat of ArmsThis case involves a collision where one of the drivers involved was making a left turn at an intersection. That driver, Madame Moreno Munoz was charged for failing to yield on left turn. The trial examines the concept of "immediate hazard" and whether the left turning driver or the driver proceeding toward the left turn driver is required to yield to the other based on the immediate hazard involved.

CASE LAW - R v Roberts

BC Courts Coat of ArmsIn this case Mr. Roberts fell asleep at the wheel and left the roadway. During investigation of the event he told police that he had been partying late at night and had consumed alcohol. There was not sufficient evidence to convict him of impaired driving, although the reasons why are not discussed. Mr.

CASE LAW - Lee v Cheuck

BC Courts Coat of ArmsThis is a Small Claims Court case where Mr. Lee is attempting to recover damages from Mr. Cheuck following a minor motor vehicle collision where ICBC found both parties partially at fault. Both parties were proceeding in the same direction some distance apart. Both intended to turn right at the intersection ahead. Mr.

CASE LAW - Gotsutsov v ICBC

BC Courts Coat of ArmsIn this case Mr. Gotsutsov's vehicle was destroyed by fire. ICBC found nothing in its investigations to substantiate Mr. Gotsutsov’s involvement in the loss of the vehicle by fire. ICBC however maintains that insurance coverage under the policy is forfeited because Mr. Gotsutsov allegedly made a willfully false statement in respect of the claim.