CASE LAW - Nguyen v Busink

BC Courts Coat of ArmsThi My Tien Nguyen and Evelyn Busink were both driving their vehicles eastbound on 100 Avenue intending to turn left onto 140 Avenue in Surrey. Ms. Nguyen moved to the left and traveled over the painted median island before entering the marked left turn lane. Ms. Busink moved into the left turn lane when it began without looking to her left and struck Ms. Nguyen's vehicle.

Mr. Justice Skolrood examined the circumstances and dismissed Ms. Nguyen's claim against Ms. Busink.

[61] This case is different from, for example, a left turn situation where a driver turns across a through lane in which the other driver is lawfully travelling. There, the turning driver is obliged to check to ensure the manoeuvre can be safely made. Here, the defendant was not turning left but rather entering the turning lane at a point where she was entitled to do so and in circumstances in which there was no reason to expect or anticipate another driver would emerge through the cross-hatch median.

[62] In contrast, the plaintiff was driving where she was not supposed to be and was overtaking the defendant on the left when it was unsafe to do so.

[63] In the circumstances, I find that the plaintiff is 100% liable for the Accident.