Chow v. Chan, B.C. Supreme Court No. M022610 Vancouver, March 22, 2007 Decision
Can someone post up a link here, I don't know how. I found this case which can be tracked as follows:
- Google "british columbia superior courts"
- choose "supreme court"
- under search judgments enter "chow"
- Item 23 is the decision, 2007bcsc0392.htm.
This is an interesting court case, and if you have the time you should give it a full read. It involves an innocent motorcyclist ("C") who was clipped by another rider ("D") when D was travelling in C's lane of travel in the wrong direction, ie. an oncoming clip. The accident happened on Deltaport Way on June 24, 2000.
In the accident, D was one of a group of 6 sportbike riders whom the court found were engaged in a street race.
This case has no criminal law aspects to it. It is about C seeking compensation in a civil action for injuries and losses she claimed she suffered as a result. The court had to determine who was at fault for causing the accident.
The court concluded that all 6 riders in the group were jointly liable for causing the accident, even though it was only one rider, D, who clipped C thereby directly causing the accident. Only 5 of the riders testified, one did not show up for trial. Each of the 5 who did testify did their best to minimze their own, and each other's, involvement but the judge basically rejected all of their evidence as contradictory, fabricated, self-serving or otherwise unreliable.
This is an unfortunate story of a group ride gone horribly wrong, resulting in an innocent uninvolved person crashing.
The efforts of the group members to dissociate themselves from the accident were rejected outright by the court. It's interesting that each of them were found civilly responsible as participants in a form of joint venture, namely a street race.
Something to think about.