What is the duty to yield in the case of dominant and servient positions?
British Columbia, Canada
The following excerpt is from Schlachter v. Foster, 2017 BCSC 300 (CanLII):
The leading decision, referred to by both parties, on the duty to yield in the case of dominant and servient positions is Nerval v. Khehra, 2012 BCCA 436 in which Harris, J.A. stated at paras. 33 - 35:
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