NEGLIGENCE - Apportionment of liability - Motor vehicles - Rules of the road

Law360 Canada (January 7, 2021, 6:07 AM EST) -- Appeal by the plaintiff from trial judgment finding the appellant wholly liable for a motor vehicle accident. The collision occurred at an intersection controlled by traffic lights. There were three lanes of traffic in each direction. The appellant, travelling southbound, stopped at the intersection and commenced his turn when he considered it safe to do so. The respondent, travelling northbound, drove through the intersection, believing he had the right-of-way based on the traffic light. The appellant never saw the respondent’s vehicle. Each alleged that the other failed to keep a proper lookout. The trial judge found that northbound cars were stopping at the intersection before the appellant started his turn. The judge concluded that the appellant was negligent in failing to yield the right-of-way to the respondent, whose vehicle the judge found to have been an immediate hazard when the appellant began his turn....
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