Does a servient driver have an obligation to yield to the dominant driver?
British Columbia, Canada
The following excerpt is from Rackstraw v. Robertson, 2011 BCSC 947 (CanLII):
While the servient driver has the obligation to yield, the dominant driver has a duty to act so as to avoid a collision if reasonable care on his part will prevent it. In Walker v. Brownlee, 1952 CanLII 328 (SCC), [1952] 2 D.L.R. 450 (S.C.C.) Cartwright J. adopted the principle that the dominant driver ought not to exercise his right of way if the circumstances are such that the result of his doing so will be a collision which he reasonably should have foreseen and avoided.
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