In quoting from Samograd, Mr. Justice Barrow said, in Eccleston v. Dresen, 2009 BCSC 332, at para. 26: Thus, the law does not impose a greater obligation on either the passing driver or the driver being overtaken simply by virtue of whether the driver was overtaking or being overtaken; rather, their respective obligations are to be assessed in relation to the circumstances they faced and within that assessment the question of who had the better opportunity to avoid the collision is relevant.
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