Does the presumption of care or control under s. 237(1)(a) of the Criminal Code apply to a motor vehicle accident?

British Columbia, Canada


The following excerpt is from R. v. Toews, 1983 CanLII 372 (BC CA):

In Ford v. R., the accused had been in and out of the motor vehicle numerous times during the course of the evening, and had also turned the motor of his vehicle on and off a number of times because of cold weather. These series of acts were held to be "all additional" factors tending to establish care or control so that under the particular circumstances of this case rebuttal of the presumption created by s. 237(1)(a) is far from conclusive on the issue of guilt or innocence of the appellant": Ritchie J. at p. 399.

Other Questions


What is the test for a motor vehicle accident under s. 79(1) of the Insurance Code of Canada? (Alberta, Canada)
How have courts dealt with a claim for damages arising out of a motor vehicle accident under the Motor Vehicle Accident Prevention Act? (Saskatchewan, Canada)
Does the victim of a motor vehicle accident have to be lilywhite to receive compensation under the Criminal Injuries Compensation Act? (Ontario, Canada)
Does a government have a duty of care under tort law as a result of the injuries sustained by a plaintiff in a motor vehicle accident? (Ontario, Canada)
In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident? (Alberta, Canada)
Does a by-law of animals running at large apply to a plaintiff who was injured in a motor vehicle accident? (Saskatchewan, Canada)
Does s.29(1) of the Civil Code of Civil Procedure preclude vicariously liable actions from being brought by a plaintiff in a motor vehicle accident? (Ontario, Canada)
What is the test for a new type of non-biological impairment (NEB) under a motor vehicle accident insurance policy? (Ontario, Canada)
What is the test for confirming a prohibition under section 94.6(1)(a) or (b) of the Vehicle Accident Prevention Act? (British Columbia, Canada)
In what circumstances will the discoverability principle apply when a plaintiff is injured in a motor vehicle accident? (Ontario, Canada)