CASE LAW - Kelly v Yuen
In this case, Ms. Kelly was attempting a left turn at an intersection on a multiple lane highway. Mr. Yuen was oncoming and had briefly stopped in the lane two away from the curb, the curb lane being a restricted lane for bus and cycle use only at the time. Mr. Yuen decided to use the restricted lane, proceeded and struck Ms. Kelly during her turn.
Mr. Yuen was found to be entirely responsible for the collision because he was not entitled to use the restricted lane. The justice also found that Mr. Yuen proceeded with limited vision and at an inappropriate speed.