Case Law

Jagger Ross Schurman was stopped by police in Vancouver for a number of violations while he was driving his mother's car. "He was under the impression that he would be principally fined but that the tickets would not go on his driving record. He also indicated that he was led into an erroneous understanding about the effect of pleading guilty with respect to the accumulation of points against his driver's licence by the attending officer's roadside statements."

This case looks at host liability for a crash on Saltspring Island following a party at the home of Stephen and Lidia Pearson. Ryan Plambeck drove after leaving the party, left the roadway and crashed into the woods. He was killed and Calder McCormick, a passenger in the vehicle was seriously injured.

On March 15, 2019 Zahir Rajani was issued a violation ticket for using an electronic device while driving. He had been observed by police to be looking down while driving his vehicle. When stopped, it was discovered that Mr. Rajani had a cell phone in his lap, facing up, connected by cord. The constable could not say if the screen was lit or not. Mr. Rajani disputed the ticket.

Ian Sisett was stopped by police for driving at an excessive speed near Grand Forks. He received a traffic ticket for that offence and the vehicle he was driving was impounded as required by section 251 MVA. Being without a vehicle, Mr. Sisett rode back to Grand Forks with the tow truck driver and stayed the night while family members arranged transportation back to Kelowna for him.

This case involves determining the liability for a collision at the intersection of 86 Avenue and 160 Street in Surrey. Joshua Donato had stopped for the stop sign westbound on 86 Avenue turning right onto 160 Street. Lai Quach was driving southbound on 160 Street turning left onto 86 Avenue. They collided in the intersection.

Ali Ghadban was convicted in traffic court for not having a valid driver's licence and for driving without insurance for operating a Motorino XMr on the road in Surrey, B.C. He appealed his conviction on the ground that the Motorino was a motor assisted cycle (MAC) and he was excluded from the requirements to be licensed and insured while operating it.

The Motor Vehicle Act forbids opening your vehicle's door on the side next to moving traffic unless it is safe to do so. Ryan Toevs opened his driver's door to enter his truck and escape being side swiped by an approaching SUV driven by Michael Williams. Mr. Williams collided with his door and injured him. The case decides liability for the collision.

This case involves an instance of road rage involving two drivers, Michael Henderson and Jacqueline McGregor on Highway 99 near the George Massey Tunnel in the Lower Mainland. At the conclusion of the trial, Mr. Justice Walker found that Ms. McGregor had committed an unprovoked assault on Mr. Henderson and assessed almost $35,000 in damages.

Emperatriz Cool was stopped in Richmond, B.C. for the offence of using an electronic device while driving. Cst. Schmidt had obtained her driver's licence after speaking with her and then issued a violation ticket. She disputed the ticket, making a no evidence motion at the close of Crown's case. She suggested that Cst. Schmidt had failed to properly identify her as the driver.

Sandra Lepitre parked her car at the curb in front of 2871 Aurora Road in North Vancouver and walked to work from there. At lunchtime, Amrinder Singh and Jaskirat Singh Sekhon, who had been working at a nearby construction site, sat on the street in front of Ms. Lepitre's car to eat. While they were there, Ms. Lepitre returned to her car intending to drive off on an errand. She struck both men.