This is a case that I had to read a number of times and refer to a picture of the intersection to understand what path Ms. Hunstad, a cyclist, had taken. Rather than cross McCallum Road in Abbotsford in a straight line by using Marshall Road she took an erratic path that included travel the wrong way on McCallum twice. Further, she did so at a time when the traffic lights turned yellow when she was still part way across. By the time she reached the western southbound lane of McCallum the traffic lights had turned green for southbound traffic and she was struck by Mr. Cormier who was attempting to travel through on McCallum.
Mr. Justice Brown thoroughly explains the duty road users have to each other and to themselves to exercise caution and how failing to do so can result in liability or a reduction in the award by the courts for failing to look out for themselves.
In this instance he found Ms. Hunstad totally responsible for the collision because she had failed to proceed with caution on the yellow light and was not there to be seen by Mr. Cormier as he proceeded into the intersection at a cautious rate of speed.