The Queen v. F.(M.) 2016
Client was driving home and decided to pass the vehicle in front of her. Before passing she saw lights in the distance but considered that they were very far away and that it was safe to make the pass. Halfway through the pass she realized that in fact the lights were a motorbike that was very close. Tragically, a head on collision resulted and the two occupants of the motorbike were killed. Client was charged with driving without due care and attention contrary to the Motor Vehicle Act. At trial, Mr. van der Walle successfully argued that the client had exercised due diligence in making the pass and, although mistaken, had an honestly held belief that it was safe to pass when she made the fateful decision to do so. Not guilty.
Related Stories
The King v. W.(A.) 2024
The client agreed to loan woman whom he had previously had sexual relations with a $100 loan to help her make rent for the month at her apartment in Penticton BC. The woman flirted with the client prior to his arrival at her apartment to give her the money by sending...
The King v. L.(K.) 2024
The client was pulled over by police after being observed weaving late at night on the highway near Kelowna BC. The officer smelled alcohol and had the client blow into a roadside device. The device registered a “fail” reading and the client was arrested and taken...
The King v. S.(M.) 2024
The client was driving down a residential street in Kelowna when she collided with a parked car. The police came to the scene and noted symptoms of impairment. They detained the client for impaired driving and made a breath demand on her. She ended up blowing well...