Sign in
Canada Source-linked decisions Coverage checked

Canada Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
3 court collections
Last checked

Canada decisions

Decisions matching the current search

Clear filters
Administrative law 2023 BCSC 924

Potter v. British Columbia (Superintendent of Motor Vehicles)

The court set aside a March 24, 2023 IRP review decision after finding it unreasonable to treat an earlier revocation as a nullity because of an administrative file-number error.

  • Immediate roadside prohibition
  • Delegation and administrative error
  • Nullity of decision
  • Remedies and remittal
  • Costs
  • Judicial-review
Read case analysis
Administrative law 2016 BCCA 205

McConachie v. British Columbia (Superintendent of Motor Vehicles)

The Court of Appeal allowed the Superintendent’s appeal, holding the IRP scheme requires only one reliable ASD analysis and not two valid tests.

  • Immediate roadside prohibition (irp)
  • Standard of review (reasonableness)
  • Approved screening device reliability
  • Breath test timing and mouth alcohol
  • Right to second analysis
  • Immediate-roadside-prohibition
Read case analysis
Torts 2014 BCCA 104

Russell v. Parks

Court of Appeal varied liability in a pedestrian-parking lot collision, finding the trial judge misapplied the Motor Vehicle Act and allowed limited future care costs.

  • Contributory negligence
  • Apportionment of liability
  • Future care costs
  • Statutory interpretation of motor vehicle act
  • Contributory-negligence
  • Apportionment-of-liability
Read case analysis
Criminal law 2014 BCSC 310

R. v. Sanford

The court acquitted Robert Larry Sanford of dangerous driving causing bodily harm, finding the Crown had not proved a marked departure from the standard of care.

  • Dangerous driving
  • Actus reus
  • Mens rea
  • Marked departure
  • Evidence and factual findings
  • Dangerous-driving
Read case analysis
Criminal law 2007 BCSC 456

R. v. Booker

The court denied leave to raise a constitutional challenge for the first time on appeal, holding the case was not exceptional and lacked a sufficient factual record.

  • Driving while prohibited
  • Presumption of knowledge
  • Section 95 mva
  • Section 7 charter
  • Section 11(d) charter
  • Leave to raise new issues on appeal
Read case analysis
Insurance law 2007 BCCA 89

Yu v. ICBC

The Court of Appeal dismissed ICBC’s appeal, upholding liability in negligence for insisting on proof before restoring registration of a stolen vehicle.

  • Duty of insurer
  • Vehicle registration
  • Nemo dat
  • Registration requirements under motor vehicle act
  • Insurer claim handling
  • Negligence
Read case analysis
Criminal law 2004 BCCA 587

R. v. Braut

The Court of Appeal refused leave to appeal in a driving-while-prohibited case, holding the record notation did not create evidence to the contrary or a reasonable prospect of success.

  • Driving while prohibited
  • Certificate of the superintendent
  • Evidence to the contrary
  • Statutory interpretation
  • Leave to appeal
  • Driving-while-prohibited
Read case analysis
Criminal law 2002 BCSC 278

R. v. Michell

The court refused a directed verdict on impaired driving causing death and barred cross-examination on a prior impaired driving conviction, allowing theft cross-examination.

  • Impaired driving causing death
  • Directed verdict
  • Cross-examination on prior convictions
  • Section 12 evidence act
  • Causation from lane departure
  • Impaired-driving-causing-death
Read case analysis
Criminal law 1996 NSCA 202

R. v. Hamilton

Leave to appeal was denied because the grounds advanced raised only questions of fact and did not engage the question of law required by s.839 of the Criminal Code; the summary conviction appeal judge had already found the grounds to have no merit.

  • Leave to appeal
  • Summary conviction appeal
  • Section 97(4) motor vehicle act (failure to locate owner)
  • Section 839 criminal code (appeal on question of law)
  • Questions of fact vs law
Read case analysis

About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.