What is the test for driver’s right-of-way?

Clearly, there are two legal principles at play here. One is the basic principle stated in numerous cases that once a plaintiff has safely entered a crosswalk, absent any overt negligence that could mislead the motorist, the pedestrian may assume that the right-of-way will be yielded. The other principle is the one stated also a few times, particularly by Madam Justice Gray in Dionne v. Romanick, 2007 BCSC 436, that having the right-of-way does not eliminate the common law duty to use care for one’s own safety. The balancing of those two principles is a matter of finding the applicable standard of care in the circumstances and is clearly a question of fact for the jury in each case.