The plaintiff was clearly visible. She was in the defendant's intended path of travel. Her presence presented a foreseeable hazard if she did not move away at a sufficient distance to allow the defendant to pass. There was a sufficiently close relationship between the defendant and the positioning of the plaintiff such that, in the reasonable contemplation of the defendant, carelessness on his part could have caused harm to the plaintiff: Simpson v. Baechler, 2009 BCCA 13 at para. 28. In fact, at his discovery, he said he knew that if the plaintiff did not move, he would hit her.
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