What is the test for determining whether a servient driver has the onus to prove that the dominant driver is driving at a reasonable rate?
Alberta, Canada
The following excerpt is from Hennessy v. Calgary (City), 2011 ABQB 143 (CanLII):
As noted, an important factor considered in the cases is the issue of the reasonableness of the driving of the dominant driver. In the oft quoted case of Vibert v. Stern, Madam Justice Fruman stated that all of the circumstances must be examined in order to determine whether the dominant driver’s actions were reasonable and the servient driver has the onus of establishing that they were not. When the issue is speed, the speed limit itself is not necessarily determinative - reasonableness is relative having regard to all the circumstances.
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