The Insurance Corporation of British Columbia (ICBC) has been ordered by the B.C. Supreme Court to replace the car of a man who was involved in a car crash seven years ago.
Mohammed Yusuf Venkataya, now 51, had smashed into a fast-food restaurant on Oct. 12, 2008. Before the crash, he had visited friends and had, among other things, consumed kava.
Kava is a tea-like drink made from the root of the eponymous South Pacific plant. It is the national drink of Fiji and is frequently consumed at ceremonies or celebrations, and according to court documents, its use is not controlled in Canada. HealthLinkBC says that the drink is calming and produces "brain wave changes similar to changes that occur with calming medicines such as diazepam (Valium, for example)."
In Venkataya’s testimony, he said that he hadn’t been feeling well that evening and had consumed a bowl of kava, a few bowls of fish soup and a cup of tea. He added that he was used to having kava once or twice a month and has done so for several decades. As a devout Muslim, he does not drink, smoke or use drugs.
While driving back home after the get-together, Venkataya took a right-turn from 88 Avenue onto Scott Road. The next thing he remembers is being placed on the ground and handcuffed outside a Taco Time restaurant – the building his SUV had crashed into.
According to two police officers who had witnessed the accident, Venkataya’s car hit a meridian and was temporarily stuck there. But, the engine continued to accelerate and the car broke free. It whizzed past the officers, hit several lights, trees, poles, signs, a fire hydrant and a light standard before ramming into the restaurant. The driver, who had minor injuries, vomited several times after being pulled out of the severely damaged car.
Tests revealed that Venkataya had a blood alcohol level of zero, and in court, he had no qualms about admitting to drinking kava.
But, lawyers for the ICBC argued that Venkataya wasn’t being honest about how much kava he had drunk. They also argued that kava was an intoxicating drink and suggested that he had taken Benadryl around the same time, which would have impaired his driving.
However, Justice Peter Voith believed Venkataya’s testimony and believed him to be an “unusually direct” witness. Furthermore, he held that the ICBC were unsuccessful in proving that the accident was a result of Venkataya consuming any intoxicating substance.
In his decision, Justice Voith said, “The whole of the evidence does not, on a balance of probabilities, satisfy that burden.”
The court ruled that the ICBC should pay to replace Venkataya’s 2006 Nissan Armada, along with his court costs.
