Canadian Lawyer

cycle law just isn't evolving fast enough to keep pace with the growth of com- muter cycling. The reason is that these civil cases (involving motorists and the Insurance Corp. of British Columbia) are often settled out of court. "It is also unfair to expect someone with cata- strophic injuries to risk going to court to get a definition of what is a bike lane," he says. There is also a concern that as municipalities set out their own cycle paths and lanes, without a provincial framework on use and design, it will become difficult for motorists to under- stand how to behave from one jurisdic- tion to another. The gap between reality and the MVA includes issues such as two cyclists rid- ing abreast, which is prohibited under the law, but can be safer for the cyclists. Or, when a cyclist can pass a vehicle on the right side of traffic and under what conditions the cyclist must pass on the left. There are even questions such as how close cycle lanes should be placed to parked vehicles, as an opening driv- er's door can be fatal to a cyclist. The MVA states that cyclists should ride to the right as far as possible, Hay points out, yet a higher court case faulted a rider for not controlling the road or being more dominant. That's a position, says Hay, which is difficult for a single rider to assume, as drivers can become frustrated with a cyclist. "So, where are the laws going to come from?" says Hay. This growing gap between a few MVA laws which treat cyclists like motorists and the reality on today's streets is the topic that Hay will speak on at the Velo-city Global 2012, an international cycle con- ference to be held in Vancouver from June 26 to 29. One solution, he says, "is not inventing the wheel" but looking to older jurisdictions such as Europe or the U.S. and borrow from these. Hay believes unless there are clear legal definitions, it is going to be dif- ficult to bring about the culture shift needed to ensure motorists safely share the road with cyclists. Of the cases that he handles, one in 10 involve a hit-and- run incident by a motorist, although some are identified afterwards. Traumas sustained by cyclists with a motorist are usually severe, rang- ing from debilitating spinal injuries through to head trauma. Hay's path into representing cyclists started 23 years ago when his first client was a defected Russian scientist who jumped ship and swam to shore in Van- couver's inner harbour. He later got into a cycling accident and Hay had his first client. Hay found he liked the work and never looked back. — JS SPECIALIZATION IN BUSINESS LAW Classes Starting in September 2012 Part-time, Executive LLM program for corporate counsel and practising lawyers Information Sessions Tuesday April 10th, 5:30pm to 7:00pm Monday, January 16, 2012, 5:30 - 7:00 pm Friday, January 20, 2012, 8:00 - 9:30 am U of T Faculty of Law, Faculty Lounge 78 Queen's Park, Toronto No registration required. Please feel free to drop in anytime during these hours. Taught by U of T Faculty of Law professors, together with top international faculty from INSEAD Business School, NYU School of Law, and Rotman School of Management. Thursday April 12th, 8:00am to 9:30am For more information, call 416-978-1400 or visit: http://www.law.utoronto.ca/programs/GPLLM.html TIME: EVENT: Supported by the Association of Corporate Counsel (ACC) - Ontario Chapter and in partnership with Carswell, a Thomson Reuters business. GLLM_CL_Apr_12.indd 1 www.CANADIAN Lawyermag.com A PRIL 2012 1512-03-13 10:00 AM

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