What is the current state of the law on the duty of car drivers in relation to pedestrians?

Ontario, Canada


The following excerpt is from Lloyd v. Rutter, 2003 CanLII 49380 (ON SC):

In Desroches v. Gavin (1981), 30 Nfld. & P.E.I.R. 103, 84 A.P.R. 103 (P.E.I.S.C.), McQuaid J. discussed the duty of car drivers in relation to pedestrians, stating at p.109: “[A]lthough there is a duty upon a pedestrian not to place himself in a position of danger upon a highway, there is an overriding duty upon the driver of a vehicle to exercise due care to avoid striking any pedestrian who may have done so. There is not an open season on pedestrians who may inadvertently, negligently, or imprudently, wander on the highway in the face of oncoming traffic.” (emphasis added)

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