A similar finding of negligence was made against the driver of a motor vehicle in a like situation in the case of Dolphin v. Lepine 1999 Carswell BC 75. The finding of the court there was that either the defendant must have passed the plaintiff’s bicycle, or the plaintiff was coming from behind the vehicle and was passing it on the right immediately before the accident occurred. The court further found that the driver did not make the appropriate checks to his right before he turned at the intersection, and was thereby negligent in his failure to keep a proper lookout.
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