What is the "punctum temporis" used to assess whether a through driver poses an immediate hazard?
British Columbia, Canada
The following excerpt is from Rothenbusch v. Van Boeyen, 2010 BCSC 1518 (CanLII):
At 413-14, Tysoe J.A. clarified that the point in time, or punctum temporis, to assess whether the through driver poses an immediate hazard, is the moment before the left-turning driver commences to make the turn. By analogy, the same punctum temporis applies to the circumstances covered by s. 175; that is, the moment immediately before the driver intending to enter a through highway proceeds to do so: Hynna v. Peck, 2009 BCSC 1057 at para. 56 [Hynna].
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