In what circumstances will a driver who makes a left turn on Cambie Street, enter the curb lane and strike a car?

In Lesavage v. Lee, [1999] B.C.J. No. 1103 (S.C.), the plaintiff was proceeding northbound in the curb lane on Cambie Street approaching the intersection of 13th Avenue. Traffic was backed up from the lights at 12th Avenue, but the intersection at 13th Avenue was clear of stopped cars. The defendant was travelling southbound on Cambie Street. He turned left at 13th Avenue, intending to proceed east, and struck the plaintiff’s car. The defendant said he could not see into the curb lane as he approached it and that he therefore inched forward slowly while craning his neck to try and see. He knew vehicles might be in the curb lane as he started to cross it. Justice Low held that making a left turn across a flow of rush hour traffic was a difficult manoeuvre and to do so across three lanes of such traffic was considerably more difficult. The defendant proceeded with his left turn, expecting traffic to be in the curb lane, yet he entered that lane with no ability to see where approaching vehicles were. He commenced his turn abruptly and entered the curb lane without stopping. Justice Low found that when the defendant commenced his turn, the plaintiff’s approaching vehicle constituted an immediate hazard. The defendant was unable to see the plaintiff’s vehicle and he also knew that his vehicle would not be visible to a driver approaching in the curb lane.