Questions 1-12 are based on the following scenario: Ms. Lee…
Questions 1-12 are based on the following scenario: Ms. Lee was observed to be travelling westbound on Baseline Road approaching the intersection of Greenbank. This is an intersection controlled by lights which were functioning properly at the time. This is an intersection in the City of Ottawa. The north bound lanes of traffic – north of Baseline Road have three lanes which are clearly marked. One of the lanes is the yield lane for traffic coming from the east driving westbound along Baseline road, it continues around the corner from the intersection and for about 75 meters before it merges with the northbound lane for Greenbank. Ms. Lee made a right turn into the marked turn lane which is controlled by a yield sign – having determined there were no vehicles approaching from the south. She made her turn into the most right lane of northbound Greenbank Road; a merge lane. There is a gas station on the north east side of the same intersection. The gas station has two entrances (one off Baseline) and one off Greenbank. The entrance/exit off Greenbank is about 30 meters from the intersection of Baseline and Greenbank. Ms. Lee had travelled about 15 meters when Mr. Curran pulled out of the parking lot for the gas station and a minor collision occurred in the yield lane for northbound traffic. There were no injuries and damage was estimated at $2,000 for Ms. Lee and approximately $1,000 for Mr. Curran. Mr. Curran does not want to call police and offers to pay Ms. Lee’s damages. Both parties exchange information; licence, insurance, registration and Mr. Curran wants to leave. Ms. Lee calls the police. You have been retained to represent Ms. Lee on this matter. Relying upon the same fact scenario as above…Assume the other driver, Mr. Curran, was served an offence notice for – Fail to Yield from Private Drive under Section 139(1) of the HTA. What is the prospect of conviction for Mr. Curran’s charge?
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