For the purposes of determining who had the right of way in a motor vehicle accident, what is the test for liability?
British Columbia, Canada
The following excerpt is from Kaiser v. Williams, 2015 BCSC 646 (CanLII):
As noted at the outset of these reasons, the starting point for the analysis of the issue of liability is the determination of who had the right of way (Enright v. Marwick at para. 22).
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