What is the test for determining whether a left-turning driver has satisfied the onus of proving that the oncoming vehicle is not an immediate hazard?

British Columbia, Canada


The following excerpt is from Andrusko v. Alexander, 2013 BCSC 985 (CanLII):

The principles from the above cases were recently affirmed in Nerval v. Kehra, 2012 BCCA 436. Harris J.A. found that the analysis begins with determining whether the left-turning driver has satisfied the onus of proving that the oncoming vehicle was not an “immediate hazard”:

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