Does travelling 4 to 5 kilometres per hour in excess of the speed limit approaching an intersection constitute negligence?

To help me to determine whether travelling four to five kilometres per hour in excess of the speed limit approaching an intersection constitutes negligence, counsel referred me to several cases. Two were particularly helpful: Oiom v. Brassington, unreported, May 3rd, 1984, No. C811823, New Westminster, and Soonier v. Cope, unreported June 7th, 1985, No. B832688, Vancouver. They represent well counsels' respective points of view. After considering them, I have concluded that the conduct of the plaintiff did not constitute negligence. In my view, he was entitled to assume the defendant would yield to him. At that particular intersection, he could not be expected to assume she did not see him. There was no obligation on his part to slow down merely because she was approaching. While the careful defensive driver might slow for every intersection, it is contrary to usual practice to do so at intersections like the one in question where passing was permitted at the time of this accident. To require a driver to remain precisely within the speed limit is a counsel of impossible perfection in some circumstances, as any person who has sought to do so contrary to the normal flow of traffic will appreciate. The plaintiff was driving normally for the area as he approached the intersection. He had no reason to apprehend danger. The defendant failed to see him and turned in front of him. For this accident she must bear full responsibility.