What is the burden of proof for a servient driver in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Jindal v Dhaliwal, 2021 BCSC 2151 (CanLII):

In Rollins v. Lovely, [2007] B.C.J. No. 2595, Madam Justice Dickson, as she then was, said at para. 38: Where a dominant driver poses an immediate hazard, the burden of proof on the servient driver to cast a portion of the blame on the dominant driver is significant.

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