What is the test for sudden braking of a vehicle?
Saskatchewan, Canada
The following excerpt is from Corothers et al. v. Slobodian et al, 1973 CanLII 956 (SK CA):
The learned trial Judge in effect found that Slobodian was not at fault in suddenly braking his unit. Suddenly discovering a car on the wrong side of the highway with a woman immediately in front of him, his first concern, as he said in his evidence, was to avoid hitting her. He applied his brakes and tried to miss her. The learned trial Judge did not fault him for this. He suddenly came upon an unusual situation not of his own creation. The standards to be applied are not those of perfection. If he made a mistake of judgment, it is excusable in the circumstances: McMillan v. Murray, 1935 CanLII 25 (SCC), [1935] 4 D.L.R. 666, [1935] S.C.R. 572.
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