What is the current state of the law in Canada with respect to deer accidents on highways?

The majority of the inevitable accident decisions dealing with wildlife on highways hail from the western provinces. In Olsen v. Barrett, 2002 BCSC 877, a matter similar to the case at bar, the plaintiff was a passenger on her husband’s motorcycle when he hit a deer. The plaintiff alleged that the defendant was looking to his right, and not straight ahead, just before the accident. In her view, had he been keeping a proper lookout, he would have seen the deer earlier and would have been able to take evasive action to avoid the accident.