What is the test for dismissing an action against a motorist whose vehicle strikes a deer?

British Columbia, Canada

The following excerpt is from Freidooni v. Freidooni, 2010 BCSC 553 (CanLII):

In Fajardo v. Horianopoulos 2006 BCSC 147, Madam Justice Ross dismisses an action against a motorist whose vehicle struck a deer. She finds that the collision was not caused by any negligence or want of care on the part of the motor vehicle operator. She finds that he was not driving at an excessive speed “given the conditions” and that he was not negligent in failing to see the moose earlier than he did.

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