This week on Driving Law, Kyla Lee and Paul Doroshenko take a deep dive into two legal cases that raise big questions about justice, delay, and mental health on the road.
First, they unpack a newly released BC Provincial Court decision in R v. Carr, where a defence lawyer attempted to argue that a traffic ticket should be thrown out for unreasonable delay—even though it was the lawyer’s own Charter application that created the delay. The court firmly rejected the argument, clarifying that you can’t manufacture delay and then claim a breach of the right to be tried within a reasonable time.
Then, they discuss a fascinating BC Supreme Court ruling involving a driver experiencing a psychotic break who intentionally struck a motorcyclist he believed was a demon. Despite his mental state, the court found him civilly liable. Kyla and Paul debate the implications for liability law, mental health, and the role ICBC played in pursuing this case.
Ridiculous Driver of the Week features two standouts: a bus in the UK pushing a sideways car down the road like a bulldozer, and a SWAT team raid gone sideways when the target casually drives past the armoured vehicle and slips away unnoticed.
Check out the “Lawyer Told Me Not To Talk To You” T-shirts and hoodies at Lawyertoldme.com and “Sit Still Jackson” at sitstilljackson.com.
