The defendant also relied upon Vance v. Servine, [1993] B.C.J. No. 2649 (S.C.), where the court found the plaintiff to be 100 percent at fault in the situation where the defendant driver had turned left into a driveway and had nearly completed his turn when his vehicle was struck in the rear by the plaintiff’s motorcycle. The evidence before the court was that the plaintiff had pulled out to his left from behind the line of vehicles from behind the defendant’s vehicle which was proceeding down the opposite lane at a high speed to pass those vehicles. The court found that the plaintiff failed to comply with s. 161 of the Motor Vehicle Act and the slowing of the vehicles in front should have alerted him to the fact that something was happening in front. The defendant having complied with ss. 162 and 168 of the Motor Vehicle Act, the court found the plaintiff to be 100 percent at fault.
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