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Liability trial over a highway sideswipe collision. The court preferred the plaintiff’s account and held the defendant 100% responsible for the accident.
The court found Gary Gleeson solely liable for a collision at a signalized intersection after concluding he entered on red and failed to stop on amber.
The directed verdict motion was denied because there was some admissible evidence and reasonable circumstantial inferences (the complainant signalled and slowed to turn, the accused attempted to pass and struck her vehicle, and the accused's vehicle was proceeding too quickly to stop) that could support a jury finding of careless driving under s.100(2) MVA; therefore a properly instructed jury could convict and the issue must be decided at trial after full evidence and submissions.
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On a liability trial arising from a motor vehicle collision, the court found Shafiqullah Bismellah solely liable and dismissed the action against Sung Lee.
On appeal from Provincial Court, the court dismissed the appellant’s challenge to a careless driving ruling but reduced the penalty from $368 to $196.
The Court held that the appellant’s statements, if given as testimony and believed at trial, could constitute a defence by showing absence of negligence or a reasonable mistake of fact; therefore the appeal judge erred in finding no defence on the record and the conviction was set aside and a new trial ordered.
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Liability trial over a Nanaimo motor vehicle collision. The court preferred the plaintiff’s evidence, found the defendant failed to yield from a stop sign, and held him 100% liable.
The Crown failed to prove beyond a reasonable doubt that the Accused operated the vehicle without due care and consideration; material uncertainty as to the vehicle's speed and acceptance of the Accused's account that he slowed when he saw the tow truck and was startled by the officer created reasonable doubt, requiring acquittal under s.100(1).
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Liability trial over a motor vehicle collision. The court found the plaintiff failed to prove negligence by the defendants and dismissed the action, awarding costs.
Leave to extend time and leave to appeal were granted because the statutory interpretation question—whether a certificate with conflicting offence wording and section number is "complete and regular on its face" under s.9.1 POA—raises a question of law alone that is essential in the public interest given conflicting lower court decisions and the guidance in Young does not resolve the issue.
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