What is the test for a driver who swerved to avoid hitting deer?

Friman v. Cote, [1985] B.C.J. No. 1457 (B.C.S.C.). This accident occurred at 3 a.m. The defendant swerved to avoid hitting deer on the highway and went into the ditch. The defendant was aware of deer in the area. The court found that deer were not unexpected, that the sudden appearance of these deer was not an act of God. The presence of deer was predictable. The court found that he had ample time to react and that upon seeing the reflection of the deer’s eyes in the headlights, a reasonable person would have slowed down and foreseen that the deer might, in panic, run onto the highway. The plaintiff says that this is similar to our case because the defendant in our case did not observe the presence of the moose, although it was standing stationary. I think the case is different because in that case the driver, obviously, saw the deer in time to react and simply failed to take appropriate steps.