Is there any common law rule that a driver must be proceeding lawfully at the time of the accident to exercise his right of way?
British Columbia, Canada
The following excerpt is from Jacobs v Basil, 2017 BCSC 1339 (CanLII):
In Goertz, the Court of Appeal upheld the trial decision where it was implicit that the common law rule, which is set out in the seminal case of Walker v. Brownlee, 1952 CanLII 328 (SCC), [1952] 2 D.L.R. 450 (S.C.C.), is to the effect that a driver must be proceeding lawfully at the time of the accident in order to be entitled to exercise his right of way.
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