What is the current state of the law on "immediate hazard" under s. 175(1)(a) of the BC Transportation Act?

Counsel for the defendant addressed, at some length, the concept of "immediate hazard", which is found in the language of s. 175(1)(a) of the Act. In Rothenbusch v. Van Boeyen, 2010 BCSC 1518 at paras. 136-152, Madam Justice Ker, thoroughly and with reference to numerous authorities, dealt both with what constitutes an “immediate hazard” and with when that determination is to be made. The following passages are particularly helpful:

At 413-14, Tysoe J.A. clarified that the point in time, or punctum temporis, to assess whether the through driver poses an immediate hazard, is the moment before the left-turning driver commences to make the turn. By analogy, the same punctum temporis applies to the circumstances covered by s. 175; that is, the moment immediately before the driver intending to enter a through highway proceeds to do so: Hynna v. Peck, 2009 BCSC 1057 at para. 56 [Hynna]. ...