What is the test for establishing which party had the right of way?
British Columbia, Canada
The following excerpt is from Taggart v. Heuchert, 2013 BCSC 1248 (CanLII):
Defence counsel stressed the importance of establishing which party had the right of way because the statutory right of way provisions serve the dual purposes of showing whether the driver breached the standard of care and of whether the pedestrian is guilty of contributory negligence. Annapolis County District School Board v. Marshall, 2012 SCC 27.
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