What is the test for determining whether one party has the statutory right of way?

A determination that one party has the statutory right of way is informative. It does not, however, determine liability in an accident. Drivers with the statutory right of way must still exercise caution to avoid accidents where possible: Walker v. Brownlee, 1952 CanLII 328 (SCC), [1952] 2 D.L.R. 450, per Cartwright, J. (at paras. 46-47).

In Henry v. Bennett, 2011 BCSC 1254, Ballance J. addressed the duties placed on left turning drivers and affirmed that they have an obligation to act reasonably in all the circumstances, and are not “entitled to proceed blindly on the assumption that oncoming drivers will obey the rules of the road” (at para 72). However, a left turning driver, acting reasonably, is entitled to rely on the assumption that the approaching driver will obey the rules of the road and will not proceed through the intersection deep into an amber light, or on a red light, unless there is reason to know otherwise.