Can a driver who exits a private driveway and crosses a highway from a private road or driveway avoid a collision?

Ontario, Canada

The following excerpt is from Hunter v. Wismer, 2003 CanLII 41157 (ON SC):

In Cepo v. Short, [1993] O.J. No. 1907 (O.C.G.D.) the defendant exited a private driveway and crossed the highway with the intent of entering another private driveway. In executing the manoeuver, he’d failed to observe the plaintiff who was driving toward him on the highway at normal speed. The defendant pulled onto the highway when the plaintiff was only 2 or 3 meters away and unable to avoid a collision. Focusing on Section 119 of The Highway Traffic Act [the predecessor to Section 139(1)] and finding the defendant totally at fault, the court observed: The duty imposed by this section is clearly a high one and a driver must refrain from entering a highway from a private road or driveway or cross a highway from a private road or driveway when vehicles are approaching on the highway until they have passed the driveway or private road. That section therefore imposes a very positive duty…breach of which would clearly constitute negligence. On the other hand, the plaintiff …who was operating her motor vehicle on the through highway, was under a duty to exercise ordinary care under the circumstances. She did not have an absolute right to proceed regardless of the danger confronting her. As a driver exercising ordinary care, she had the right to assume the defendant…would obey the law and she had a right to rely and act on that assumption. However, if it became reasonably apparent that the defendant is not going to obey the law, and she chose to ignore the obvious danger, her doing so would be negligence.

Other Questions

Can a driver who steered to the left to avoid a collision be found negligent despite arguing agony of pain? (Ontario, Canada)
If the driver of a car is found to be a registered owner of the vehicle, can the driver also be found to have the consent of the other driver? (Ontario, Canada)
What is the consequence of a failure to cross-examine the complainant in cross-examination? (Ontario, Canada)
What is the test for cross-purposes communication in the context of cross-party communication? (Ontario, Canada)
How has liability been determined for a motorist who exited a parking space into an aisle and was subsequently involved in a collision with another motorist driving in the aisle? (Ontario, Canada)
What is the test for determining whether a driver listed in a certificate of insurance is an insured driver? (Ontario, Canada)
Can an individual seek private interest standing against an administrative order that interferes with a private right? (Ontario, Canada)
What is the impact of the collision between a car and a bus on a pedestrian crossing? (Ontario, Canada)
What is the impact of a collision involving two other drivers on a motorway? (Ontario, Canada)
Under what circumstances will an employer be required to cross-examine a witness in cross-examination? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.