What are the rights of dominant and servient drivers in an intersection?
British Columbia, Canada
The following excerpt is from Singh v Naffaa, 2018 BCSC 200 (CanLII):
The driver of the vehicle with the right of way is considered the “dominant” driver in an intersection, and the driver required to yield the right of way is considered the “servient” driver. In a number of cases, the court has determined that the dominant driver is generally entitled to assume the servient driver will yield the right of way. Justice Cartwright discussed the relationship between the rights of dominant and servient drivers in Walker v. Brownlee, 1952 CanLII 328 (SCC), [1952] S.C.J. No. 56 at para. 49:
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