Although the trial judge applied Lewchuk v. Hall the facts are decidedly different. Halvorson J. found in Lewchuk v. Hall that the defendant, the driver of the vehicle in a similar position to that of the appellant before me, failed to drive cautiously through the intersection. He did not brake or decelerate although he had observed the plaintiff’s car for some distance. This is distinguishable from the case before me. Halvorson J. went on to say at para. 18 that the defendant “... simply ran the light. This is not driving “cautiously”, but rather, was imprudence amounting to negligence. Had he taken the precautionary measure of slowing down when the light first changed, he might have been in a position to take evasive action”.
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