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The Court of Appeal granted leave to extend time but dismissed a sentence appeal, upholding a two-years-less-a-day custodial sentence for driving while prohibited and possession of stolen property.
The Court allowed the appeal from two Motor Vehicle Act convictions, held the trial was tainted by serious evidentiary errors, and substituted acquittals.
Voir dire on s. 24(2) of the Charter involving an unlawful arrest under the Motor Vehicle Act. The court admitted the seized drugs and firearm evidence.
Reconsideration of a pedestrian-vehicle collision case. The court found both parties at fault, held the driver’s speeding contributed causally, and apportioned liability 20%/80%.
The court held that a blanket arrest-and-search policy for driving while prohibited unlawfully displaced officer discretion, making the arrest and related search unlawful.
s.114(c) can permit a right-hand pass in defined circumstances but does not remove the overtaking driver's duty to ensure the pass is safe; the adjudicator erred by not assessing whether the respondent also breached her duty to ensure safe entry, and on the facts both drivers were equally at fault so liability is apportioned 50/50 and the matter is remitted for damages assessment.
Source excerpt
Trial judgment in a motor vehicle accident liability case. The plaintiff was found mostly at fault for crossing against the signal, but the driver also bore some responsibility.
The court upheld a two-month driving prohibition, holding that 24-hour roadside suspensions may be considered by the Superintendent under s. 93 of the Motor Vehicle Act.
Appeal from a master’s production order in a motor vehicle injury case. The court held s. 67 protects all reports made under it, but dismissed the appeal for lack of evidence.
Appeal from a speeding conviction dismissed. The court held that an ICBC vehicle ownership print-out was admissible under the Motor Vehicle Act and that the evidence supported an inference the vehicle was driven by a person.
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