45 In Walker v. Lenzin, Des Brisay C.J.B.C. noted that in negligence actions, breaches of the statutory rules, although certainly relevant, are not determinative of negligence or causation. He confirmed that there is a duty upon a dominant driver having the right of way, to exercise care and caution. At page 12 he said: Linzen, having the right of way, must nevertheless enter the intersection with reasonable care according to the circumstances.
46 In Keene v. Stene, Davey J.A. addressed s. 165(2) of the Motor Vehicle Act (now s. 177(2)) at pp. 359-360: By the very words of s. 165(2), traffic proceeding along the through street was not obliged to yield her the right of way so long as she remains stationary at the stop sign. That obligation to yield her the right of way only arose when she commenced to enter the intersection while the oncoming traffic was far enough away not to be an immediate hazard.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.