In the case Hildebrand v. Musseau 2010 BCSC 1022 (“Hildebrand”), judgment released July 21, 2010, the issue “agony of the moment” was considered. The cause of action in Hildebrand arose when the Plaintiff, who was riding dirt bikes side-by-side with a friend along the right-hand side of the road, was forced to take evasive action after noticing the Defendant driving towards him on the wrong side of the road.