What is the current state of the law on the duty of care of motor vehicles proceeding on thoroughfare lanes in a shopping centre parking lot?

Ontario, Canada


The following excerpt is from Ashim v. Zia, 2014 ONSC 6460 (CanLII):

Justice Galligan, when referring to the circumstances of the collision in Delfino v. Martin, observed that speed limits prescribed for traffic on city streets are of no assistance or guidance to circumstances that exist while driving through the traffic aisles of busy shopping plazas. He expressed the view that such motorists must drive their vehicles at a very slow speed and be prepared to stop almost “on a dime.” Those drivers must drive with the knowledge that a vehicle is “very likely” to enter from the side into that thoroughfare lane. These observations further support Justice Galligan’s view that motor vehicles proceeding on thoroughfare lanes in a parking lot setting owe a duty of care to proceed with caution because of the circumstances applicable to shopping center parking lots. The operation of any motor vehicle in a shopping centre parking area and the speed at which it is travelling is important. Simply put, speed matters. DISPOSITION OF MOTION

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