What is the effect of short periods of stop-and-go driving on the road?

Newfoundland and Labrador, Canada


The following excerpt is from Newfound Disposal Limited v. Chaytor Estate, 2002 NFCA 22 (CanLII):

Similarly, in McKee v. Malenfant, 1954 CanLII 15 (SCC), [1954] S.C.R. 651, Locke J. said, at page 659: . . . motor cars are constantly stopping upon the highway for short periods for a variety of purposes. . . . Drivers of other vehicles are aware of this and that they must for their own protection keep a vigilant lookout.

Keeping this principle in mind, in determining if any responsibility for the accident should be assigned to the driver of the stopped vehicle, the test is whether the driver exercised the care that a reasonable person would exercise in the circumstances ( Marsden Kooler Transport Limited v. Pollock, 1952 CanLII 51 (SCC), [1953] 1 S.C.R. 66, at pages 69 to 70).

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