Is the shoulder of a roadway part of a highway?

In Ormiston v. Insurance Corporation of British Columbia, 2014 BCCA 276 [Ormiston], both the majority and minority opinions agreed that there are differences between roadways and highways, and that a “shoulder” is part of the highway but since it is not designed for vehicular traffic, not part of a “roadway”. As held by Lowry J.A., writing for the majority, at para. 23: “Highway” is broadly defined to include any right of way designed to be used by the public for the passage of vehicles (s. 1). That, it is said, includes the shoulder such that sometimes cyclists must ride on it to be as near as practicable to the right side of the highway. Vehicles are required to travel on the right-hand half of the roadway (s. 150(1)). “Roadway” is defined as the improved portion of a highway designed for use by vehicular traffic but does not include any shoulder (s. 119). Vehicles cannot travel on the shoulder.