What is the definition of a roadway and what is the effect of it?
British Columbia, Canada
The following excerpt is from Scott v. Erickson, 2009 BCSC 1298 (CanLII):
The definition was considered in Busch Estate v. Lewers, [1999] B.C.J. No. 1791 (S.C.). In that case, a portion of highway had been rerouted to connect with a new bridge, but a portion of the old road remained adjacent to the new road surface and the plaintiff collided with a truck that was parked there. Mr. Justice Melvin held at para. 17 that the old road surface could not be considered part of the roadway because it was no longer used for the passage of vehicles:
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