Mrs. Wong-Lai and her husband were crossing Prior Street between Gore and Dunlevy in Vancouver to return to their car. They were struck by a car driven by Mr. Ong. The older couple were not able to cross the street quickly, had chosen to cross where there was not a crosswalk on a wide, busy street at night in a heavy rain. Both were dressed in dark clothing. Mrs. Wong-Lai was seriously injured and her husband was killed.
The outcome of the trial found that liability should be shared 75% by Mrs. Wong-Lai and 25% by Mr. Ong. In arriving at that decision, Mr. Justice Sewell discusses the requirements that apply to each of the parties in the circumstances of this incident. Mrs. Wong-Lai was required to yield right of way to Mr. Ong, and Mr. Ong was required to keep a lookout and avoid colliding with the two pedestrians.
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