What is the test for determining if a plaintiff has a right to drive in front of a Defendant's vehicle?

The defendants rely upon Brumm v. Inglis, [1997] B.C.J. No. 1181. However, that case is clearly distinguishable. There, the plaintiff walked in front of the defendant’s vehicle as it was stopped at an exit from a driveway onto a busy street, waiting for a break in heavy traffic. The plaintiff could see the driver of the vehicle. She chose to walk in front of the vehicle, which pulled forward as she did so. In this context, Mr. Justice Pitfield stated: She knew of the defendant's intended actions. She knew or should have known there was danger to her personal safety if she passed in front of the vehicle without first making eye contact with the defendant and the vehicle accelerated suddenly in an attempt to enter the busy flow of traffic.