What is the test for determining who is to be held responsible for the collision?

British Columbia, Canada


The following excerpt is from Kerr (Guardian ad Litem of) v. Creighton, 2007 BCSC 208 (CanLII):

In considering the defendant’s conduct, I have kept in mind the principles set out in Walker v. Brownlee, 1952 CanLII 328 (SCC), [1952] 2 D.L.R. 450 (S.C.C.) per Cartwright J. at 461: While the decision of every motor vehicle collision case must depend on its particular facts, I am of opinion that when A, the driver in the servient position, proceeds through an intersection in complete disregard of his statutory duty to yield the right-of-way, and a collision results, if he seeks to cast any portion of the blame upon B, the driver having the right-of-way, A must establish that after B became aware, or by the exercise of reasonable care should have become aware, of A’s disregard of the law B had in fact a sufficient opportunity to avoid the accident of which a reasonably careful and skillful driver would have availed himself; and I do not think that in such circumstances any doubts should be resolved in favour of A, whose unlawful conduct was fons et origo mali.

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