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Torts 2024 BCCA 424

Hayer v. Dhingra

Appeal dismissed in a motor vehicle collision case. The Court of Appeal held the trial judge did not misapprehend expert reconstruction evidence and would not reweigh the facts.

  • Liability at four-way stop
  • Collision reconstruction
  • Admissibility and weight of expert opinion
  • Appellate standard of review
  • Credibility findings
  • Motor-vehicle-collision
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Criminal law 2020 BCSC 1274

R. v. White

The court acquitted Vanessa White of dangerous driving causing death, finding the Crown proved the actus reus but not a marked departure beyond a reasonable doubt.

  • Dangerous driving causing death
  • Mens rea - marked departure
  • Actus reus
  • Collision reconstruction
  • Event data recorder accuracy
  • Dangerous-driving-causing-death
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Criminal law 2017 BCCA 356

R. v. Gosse

The Court of Appeal dismissed Eric Gosse’s appeal from a conviction for dangerous driving causing bodily harm, finding no material misapprehension of evidence and no error in considering a speed advisory sign.

  • Dangerous driving causing bodily harm
  • Criminal negligence
  • Misapprehension of evidence
  • Unreasonable verdict
  • Speed advisory signage relevance
  • Collision reconstruction
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Tort 2009 BCSC 1119

O'Connor v. James

The court found the driver negligent after striking a pedestrian, but held the pedestrian 90% contributorily negligent for walking on the roadway while intoxicated. Damages were assessed and reduced accordingly.

  • Contributory negligence
  • Damages assessment
  • Causation
  • Expert evidence
  • Intoxication
  • Collision reconstruction
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Torts 2009 BCSC 798

Latuszek v. Bel-Air Taxi (1992) Limited

Motor vehicle collision case where the court found the taxi driver primarily at fault for an unsafe left turn, with the plaintiff 25% responsible.

  • Liability
  • Causation
  • Contributory negligence
  • Non-pecuniary damages
  • Future care
  • Seatbelt defence
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Criminal law 2006 BCSC 1801

R. v. Sidhu

The court convicted the accused of dangerous driving causing death after finding his loss of control and unsafe cut-in were objectively dangerous, despite disputed speed reconstruction evidence.

  • Dangerous driving (s.249)
  • Objective negligence standard
  • Collision reconstruction
  • Speed estimation
  • Expert evidence reliability
  • Dangerous-driving
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Insurance law 2004 BCSC 404

Yeterian v. I.C.B.C.

The court found the motorcycle was stolen and rejected ICBC’s fraud theory. The plaintiff proved the loss, but not extra financing or warranty amounts.

  • Theft
  • Fraud allegation
  • Burden of proof
  • Damages
  • Costs
  • Collision reconstruction
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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.