What is the legal test for having right of way under section 180 of the Motor Vehicle Act?

British Columbia, Canada


The following excerpt is from Lensu v Victorio, 2019 BCSC 59 (CanLII):

In this sense, I agree with counsel for the plaintiff that functionally, the alley is akin to a mixed-use parking lot. It serves vehicular and pedestrian purposes. Consistent with para. 16 of Russell v. Parks, 2014 BCCA 104, s. 180 of the Motor Vehicle Act applies and the defendant had the right of way.

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