Can a driver who steered to the left to avoid a collision be found negligent despite arguing agony of pain?

Ontario, Canada


The following excerpt is from Dubois v. Ford Credit Canada Leasing, 2012 ONSC 7311 (CanLII):

In Tucker v. Asleson, [1991] B.C.J. No. 954 (S.C.), a defendant who steered to the left to avoid a vehicle encroaching into his lane was found to be negligent despite arguing agony of collision.

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