In Vahman v Cutt et al., 2015 BCSC 298, Mr. Vahman was travelling west on 23rd Avenue in North Vancouver intending to turn left into the parking lot of Kentucky Fried Chicken. He was stopped in a designated left turn lane waiting to turn into the parking lot. Meanwhile, Mr. Smith was travelling eastbound in the curb lane of 23rd Avenue toward Mr. Vahman’s vehicle. Traffic in the center lane of 23rd Avenue had stopped due to traffic congestion, but had left a gap so as to not block access to the KFC parking lot entrance. The motorist who had left the gap gestured to Mr. Vahman to turn in front of him. Mr. Vahman, relying on that gesture, proceeded to turn left through the gap into the parking lot. The Vahman vehicle “popped out” between the vehicles lined up directly in front of Mr. Smith but he was unable to avoid the ensuing collision.

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