What is the test for determining whether a driver in a servient position is to be held liable for failing to yield the right-of-way?

I am supported in that conclusion by several authorities. In Walker v. Brownlee, 1952 CanLII 328 (SCC), [1952] 2 D.L.R. 450 (S.C.C.), it was held that when a driver in a servient position disregards his statutory duty to yield the right-of-way and a collision results, then to fix any blame on the other driver he must establish that after the other driver became aware, or by the exercise of reasonable care should have become aware, of his own disregard of the law, the other driver had a sufficient opportunity to avoid the accident. Furthermore, in such circumstances any doubts should be resolved in favour of the driver with the right-of-way. At p. 455: … he was assuming that his right-of-way, clear under any interpretation of the statute, would be respected and it was not. The most that can be said is that the accident might have been avoided: but that is not enough …