What is the servient driver’s duty?
British Columbia, Canada
The following excerpt is from Nerval v. Khehra, 2011 BCSC 1245 (CanLII):
In Burgess v. Fisher, 2009 BCSC 1766 at para 21, Barrow J. described the servient driver’s duty as requiring that driver to assess how far away the through travelling vehicle is from the intersection and how fast it is travelling.
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