What is the position of a third party in assessing sole responsibility on a vehicle entering a intersection in the face of a flashing red light?

Nova Scotia, Canada


The following excerpt is from Tripp v. Peck, 2000 CanLII 14371 (NS SC):

The position advanced by the third party is similar to the finding by Cowan, C.J.T.D., in Bardos v. Mooring (1974), 9 N.S.R. (2d) 180 (N.S.S.C.), affirmed on appeal at (1974), 9 N.S.R. (2d) 178 (N.S. C.A.), involving an intersection collision between a vehicle proceeding into an intersection while facing a flashing red light with a vehicle proceeding into the same intersection and facing a flashing yellow or amber light. In assessing sole responsibility on the vehicle entering the intersection in the face of the flashing red light, although it had entered the intersection first, at p. 187, he said: ...I find that he (the operator of the vehicle entering the intersection in the face of the flashing yellow light) was entitled to assume, as he said he did, that the traffic which he saw approaching from the left, that is, proceeding in a westerly direction on Bayers Road, would stop at the STOP sign and, having stopped, would yield the right-of-way to him, and he then proceeded into the intersection. What happened then, happened within a matter of seconds, so that he had no reasonable opportunity to avoid the collision which, in fact, occurred.

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