Is there a heightened duty on a driver to exercise due care against pedestrians where the "highway" is a parking lot?

British Columbia, Canada


The following excerpt is from Halvorson v West, 2021 BCSC 1322 (CanLII):

The plaintiff notes there is a heightened duty on a driver to exercise due care to avoid colliding with pedestrians where the “highway” is a parking lot, since one can expect pedestrians to be using that space: Russell v. Parks, 2014 BCCA 104 [Russell].

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