Court of Appeal Decision Places Heavy Burden on Cyclists Passing On the Right

Earlier this month, the British Columbia Court of Appeal released its reasons in the case of Ormiston v. ICBC, 2014 BCCA 276.  In this case, an injured cyclist was found totally at fault for an accident that occurred while the cyclist was passing a vehicle on its right, contrary to the Motor Vehicle Act.  As a cyclist myself, I agree that cyclists must endeavour to follow the rules of the road – however, this case highlights problems with the legal framework that governs how motorists and cyclists are to share the road, and the associated problems in adjudicating negligence cases involving cyclists.

Read moreCourt of Appeal Decision Places Heavy Burden on Cyclists Passing On the Right