Does a driver going straight through change lanes to avoid a collision?

The Defendant relies on Waiting v. Brown [2002] A.J. No 684 (ACQB). In that case the oncoming driver going straight through changed lanes to go around the vehicle in front of him, as that vehicle apparently was slowing down for the stop light. The trial Judge found that the straight through driver entered the intersection on a red light. I do not make that finding here, and of course the way was unobstructed in this case, whereas in the case cited, the turning driver was perceived to be some distance behind the cars in front of it and in the centre lane before swerving in to the curb lane to proceed. The fact situation is much different, and the Defendant in that case did testify to his perception. His evidence was accepted.

Nor do I find much assistance in Nicoll v. Lanz [1995] A.J. 442. The evidence was much different, and there was no suggestion that the defendant could not stop.