Does the statutory right-of-way apply to the dominant driver of the vehicle?

Manitoba, Canada


The following excerpt is from Williams v. Brocker et al, 2004 MBQB 211 (CanLII):

However, the statutory right-of-way is not absolute and does not absolve the dominant driver of liability where he fails to exercise due care and caution in the circumstances (Theriault v. Huctwith, 1948 CanLII 27 (SCC), [1948] 3 D.L.R. 542 (S.C.C.)). As stated by Cartwright J. in Walker v. Brownlee, supra, at 461: While the decision of every motor vehicle collision case must depend on its particular facts, I am of opinion that when A, the driver in the servient position, proceeds through an intersection in complete disregard of his statutory duty to yield the right-of-way and a collision results, if he seeks to cast any portion of the blame upon B, the driver having the right-of-way, A must establish that after B became aware, or by the exercise of reasonable care should have become aware, of A's disregard of the law B had in fact a sufficient opportunity to avoid the accident of which a reasonably careful and skillful driver would have availed himself; and I do not think that in such circumstances any doubts should be resolved in favour of A, whose unlawful conduct was fons et origo mali. [emphasis added]

Other Questions


Does s. 14 (1) of the Statutory Limitation Period apply to commence an action under s.14 of the Criminal Procedure Act? (Manitoba, Canada)
Does the term "motor vehicle" or "off-road vehicle" in a motor vehicle insurance policy have to be interpreted in accor dance with statutory definitions? (Manitoba, Canada)
What is the effect of a motor vehicle accident on the rights of a designated family member? (Manitoba, Canada)
What legal tests apply to a consideration of undue influence relative to a Power of Attorney? (Manitoba, Canada)
Can a creditor apply for leave to examine the books of a company in the hands of a liquidator? (Manitoba, Canada)
What is the test for care or control of a vehicle in a motor vehicle case? (Manitoba, Canada)
What are the principles to apply in the context of a motion by a plaintiff to have his case considered on the merits of the motion? (Manitoba, Canada)
What is the test for determining whether a statutory section of legislation is constitutional or statutory? (Manitoba, Canada)
What is the range of contributory negligence in a motor vehicle accident involving a child as young as 10? (Manitoba, Canada)
Does a common law rule requiring a party to pay a bill of sale apply? (Manitoba, Canada)

There are no other similar questions at this time.