What is the test for giving a one-finger salute?

The plaintiff additionally relies on Giuliani v. Saville, 1999 BCCA 768, which involved the plaintiff and two of his teenage friends driving around looking for opportunities to “party”. The plaintiff was riding in the vehicle driven by his friend. The vehicle drove past the defendant when the defendant gave the plaintiff and his friends a “one-finger salute”. The plaintiff got out of the vehicle and approached the defendant. The defendant and his companion then jumped into a car and started driving recklessly. At that time, the plaintiff awaited for the defendant’s car to return and in order to see the licence plate, he stood in the middle of the road. The defendant increased his speed when he saw the plaintiff and drove directly at the plaintiff, causing him very serious injuries.