I have been directed to one case which addresses the distinction between ‘yielding’ and ‘surrendering’ the right-of-way, and finds that where a pedestrian has clearly established prior entry to the intersection, he or she need not surrender it even when not crossing at a crosswalk. Spencer J. in Kuharski v. Inder, [1986] B.C.J. No. 2762, at para. 4, stated: [the pedestrian] gained so substantial a prior entry on to the highway that she had achieved the right-of-way. Section 182 [now 180], which requires the pedestrian to yield the right-of-way, does not require a pedestrian to surrender the right-of-way when that pedestrian has clearly established it, otherwise pedestrians would stop for vehicles three, four, five hundred feet away from them travelling at slow speeds. That is not required.
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