How have courts interpreted the doctrine of last clear chance in motor vehicle accidents?

British Columbia, Canada


The following excerpt is from Ashe v. Werstiuk, 2003 BCSC 184 (CanLII):

In the context of motor vehicle accidents, Mr. Justice Anderson in the Cook v. Teh, supra, decision says this at p. 206: Fourthly, the argument of counsel for the defendant is an attempt to revive the doctrine of “last clear chance” which has long since disappeared from the law of negligence. It was not open to the defendant to argue that, even though he was negligent and had created a situation of danger from which he could not extricate himself, he should be absolved from liability because if the plaintiff had kept a proper lookout the accident would not have happened. (at p. 206).

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