Is a motor vehicle driver liable for disregard of a traffic sign?

British Columbia, Canada


The following excerpt is from Kautz v. Kopach, 1993 CanLII 309 (BC CA):

5 Under the Motor Vehicle Act Regulations the traffic sign in question is designated as "regulatory", and the disregard of such a sign constitutes an offence. This is the type of traffic provision discussed by Mr. Justice Beetz in Morin v. Blais, 1975 CanLII 3 (SCC), [1977] 1 S.C.R. 570 at 579 - 580: The mere breach of a regulation does not give rise to the offender's civil liability if it does not cause injury to anyone. However, many traffic provisions lay down elementary standards of care and make them binding regulations at the same time. Breach of such regulations constitutes civil fault. In cases where such fault is immediately followed by an accident which the standard was expressly designed to prevent, it is reasonable to presume that there is a causal link between the fault and the accident, unless there is a demonstration or a strong indication to the contrary.

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