What is the test for liability when a collision occurs between a plaintiff motor vehicle and a forward vehicle?
British Columbia, Canada
The following excerpt is from Gibson v Matthies, 2017 BCSC 839 (CanLII):
Plaintiff’s counsel referred to Ayers v. Singh (1995), 59 A.C.W.S. (3d) 1030 (B.C.S.C.) for the general principle that the onus is on the rear motor vehicle to be able to stop in the space between it and the forward motor vehicle. In Cue, the forward vehicle cut across in front of the plaintiff vehicle and then stopped suddenly and liability was found against the forward driver.
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