What is the test for a driver who fails to yield the right of way?

The issue may be considered otherwise than on the basis of statutory duties to yield the right of way. I refer to the well-known passage from the judgment of Cartwright J. (as he then was) in Walker v. Brownlee, 1952 CanLII 328 (SCC), [1952] 2 D.L.R. 450 at 461 (S.C.C.) as follows: "While the decision of every motor vehicle collision case must depend on its particular facts, I am of opinion that when A, the driver in the servient position, proceeds through an intersection in complete disregard of his statutory duty to yield the right-of-way and a collision results, if he seeks to cast any portion of the blame upon B, the driver having the right-of-way, A must establish that after Β became aware, or by the exercise of reasonable care should have become aware, of A's disregard of the law Β had in fact a sufficient opportunity to avoid the accident of which a reasonably careful and skilful driver would have availed himself; and I do not think that in such circumstances any doubts should be resolved in favour of A, whose unlawful conduct was fons et origo mali."