How have courts in B.C. dealt with liability between servient and dominant cars?
British Columbia, Canada
The following excerpt is from Occhipinti v. National Car Rental, 2003 BCPC 314 (CanLII):
A number of cases, though, interestingly, deal with how to break down the liability between the servient and the dominant cars. In one case, a decision of Mr. Justice Burnyeat, Sandhu v. Gill, [1999] B.C.J. No. 2742, B.C.S.C., at paragraphs 12 and 13 Mr. Justice Burnyeat makes three points. He says, one: ...the onus on the left turning driver is not absolute and may be qualified in circumstances where the through driver does not properly observe the rules of the road governing the situation.
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