In this episode of Driving Law, Kyla Lee and Paul Doroshenko break down a troubling new BC Supreme Court decision that reshapes how delay and disclosure are treated in traffic court. They explain why the ruling creates serious traps for self represented drivers and why it misunderstands how traffic court actually works in practice.
The discussion focuses on the Newby decision, where the BC Supreme Court overturned a traffic court stay for unreasonable delay and placed responsibility squarely on the accused for not requesting disclosure early enough. The problem, as Kyla and Paul explain, is that the judgment assumes traffic court operates like criminal court. It does not. There is no practical mechanism for defendants to bring disclosure applications in advance, no Crown office coordinating matters, and no realistic way for self represented drivers to compel disclosure before their hearing date.
The episode also looks at the growing list of overpass strikes in BC and the province’s decision to sue a trucking company and driver despite having eliminated most motor vehicle lawsuits. Kyla and Paul question how the government can rely on negligence claims it has largely barred for everyone else, and who ultimately pays when public entities sue insured drivers.
The episode wraps up on a lighter note with a holiday reminder about safe driving, including Kyla’s new Christmas song encouraging people not to drink and drive.
It’s a mix of serious legal analysis, practical guidance, and a seasonal message about keeping everyone safe on the road.
