Episode 403: DIY Traffic Defence Fails and the Limits of ICBC's No-Fault System

Driving Law

This week on Driving Law, Kyla and Paul review two BC Supreme Court cases that highlight the risks of representing yourself in traffic court. First, they unpack the failed appeal of a driver who claimed he was interacting with his truck’s console—not a phone—when ticketed for distracted driving, and how a lack of courtroom experience undermined his defence. Then, they analyze a judicial review involving a rejected late dispute application—complete with a single stamped reason: “No arguable defence”—and why that was upheld despite arguments about inadequate reasoning. Later in the episode, Erik Magraken delivers a pointed Magraken Moment on the lack of accountability for ICBC and the BC government in the aftermath of the fatal West Vancouver crash. He argues that victims are being denied justice under BC’s no-fault system while Premier David Eby publicly vilifies the accused. Kyla and Paul break down the political and legal consequences, including how no-fault laws strip victims of their right to compensation and access to court. 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.