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Tort - negligence 2025 BCSC 219

Saini v. Pettipas

In this motor vehicle negligence trial, the court found the plaintiff entered on a red light, accepted independent eyewitness evidence, and dismissed the claim.

  • Traffic signals
  • Right of way
  • Liability allocation
  • Credibility of witnesses
  • Costs assessment
  • Motor-vehicle-negligence
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Municipal law 2023 NSSC 138

Barney v. Halifax (Regional Municipality)

The Court found HRM owed a duty of procedural fairness but the level of procedural protection required was low given the legislative and policy context; available evidence supported that postcards and public engagement occurred and any nonreceipt by applicants was not proven and would constitute an internal procedural failure rather than illegality; the alleged impacts were speculative and insufficient to convert the procedural lapse into illegality under s.207. Therefore the Resolution was not quashed and the application was dismissed.

  • Quashing resolutions
  • Illegality under s.207 hrm charter
  • Public consultation and notice
  • Local street bikeways
  • Standard of review
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Negligence 2021 BCSC 955

Yang v. Croin

The court dismissed a motor vehicle negligence claim after finding the defendant left-turning driver had the right-of-way and the plaintiff failed to yield at a red light.

  • Left-turn vs straight-through collisions
  • Right-of-way at traffic signals
  • Duty to yield
  • Immediate hazard
  • Causation
  • Costs
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Criminal law 2021 BCSC 1026

R. v. Hrynyk

The Crown appeal succeeded: a driver stopped at a red light in park was still “driving or operating” and her phone use fell within the Motor Vehicle Act prohibition.

  • Use of electronic device while driving
  • Definition of "use" under motor vehicle act
  • Hands-free/one-touch exceptions
  • Meaning of "driving or operating" when stopped
  • Acquittal set aside and stay of proceedings
  • Distracted-driving
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Criminal law 2020 NLCA 39

R. v. McLean

Leave to appeal was denied because the appellant's submissions did not raise a question of law but merely challenged the trial judge's factual and credibility findings, and the proposed grounds therefore had no reasonable possibility of success nor significance to the administration of justice; procedural non‑compliance alone did not require striking the appeal.

  • Leave to appeal
  • Summary conviction
  • Credibility findings
  • Procedural compliance
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Negligence 2020 BCSC 2227

Johnston v. Scholten

Summary trial over a motor vehicle collision found the plaintiff changed lanes late and accelerated through a late amber/near-red light, making him 100% at fault.

  • Left‑turn collisions
  • Apportionment of fault
  • Yellow/red light compliance
  • Duty to yield on left turn
  • Proportionate liability
  • Motor-vehicle-negligence
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Torts 2018 BCSC 913

Nguyen v. Busink

On liability for a motor vehicle collision, the court found the plaintiff unlawfully drove through a cross-hatched median and was 100% liable.

  • Left-turn collisions
  • Cross-hatched median
  • Duty of care
  • Lane-change obligations
  • Expert reconstruction evidence
  • Liability apportionment
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Constitutional law 2015 SCC 51

Alberta (Attorney General) v. Moloney

The Supreme Court held that Alberta’s licence-suspension scheme was inoperative to the extent it enforced a bankruptcy-discharged debt, due to federal paramountcy.

  • Federal paramountcy
  • Discharge in bankruptcy
  • Operational conflict
  • Frustration of federal purpose
  • Driver's licence suspension
  • Debt collection
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Criminal law 2015 ONCA 730

R. v. Kee

Reading the Manual as a whole, the phrase refers to selecting the direction of traffic to monitor in stationary mode rather than limiting monitoring to a physically adjacent lane; therefore the BEE III can monitor a middle lane from a stationary roadside position, the appeal judge's interpretation was correct, the Crown's proffered fresh evidence was unnecessary and the appellant's challenge to the device's reliability fails on the interpretation issue; appeal dismissed.

  • Radar evidence
  • Manufacturer's manual interpretation
  • Fresh evidence
  • Device reliability
  • Operator compliance
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Tort 2013 BCCA 236

Van Tent v. Abbotsford (City)

The Court of Appeal upheld liability against Abbotsford and Jake’s Contracting for inadequate construction-zone warnings, and maintained the 80/20 fault split.

  • Duty of care
  • Standard of care
  • Causation
  • Apportionment of liability
  • Construction zone signage
  • Statutory and regulatory guidance
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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.