What is the test for determining liability for the driver of a stopped vehicle?
Newfoundland and Labrador, Canada
The following excerpt is from Newfound Disposal Limited v. Chaytor Estate, 2002 NFCA 22 (CanLII):
Keeping this principle in mind, in determining if any responsibility for the accident should be assigned to the driver of the stopped vehicle, the test is whether the driver exercised the care that a reasonable person would exercise in the circumstances ( Marsden Kooler Transport Limited v. Pollock, 1952 CanLII 51 (SCC), [1953] 1 S.C.R. 66, at pages 69 to 70).
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