Can a franchisee pursue a gas-and-dash driver who fails to pay?

British Columbia, Canada


The following excerpt is from MacKenzie v John Doe, 2018 BCSC 104 (CanLII):

In Nayar v. Doe, 2008 BCSC 1320, the plaintiff, who was the franchisee of a gas station was working when someone attempted to gas-and-dash, that is, to fill up the tank and leave without paying. The franchise policy under which the gas station operated was clear: there was to be no pursuit. The plaintiff assumed that the defendant, a nicely-dressed female had simply failed to pay for gas by mistake and had no intention to commit a theft. Accordingly, he approached her to remind her to pay.

Other Questions


Can a bus driver be held liable for failing to report a hit and run driver to the ICBC? (British Columbia, Canada)
What is the “essence” of the test for determining whether a claimant had pursued the driver as resolutely and resourcefully as they would have done if the claimant intended to pursue any right of action arising out of the accident? (British Columbia, Canada)
What is the applicable law for a driver who is not a dominant driver but a servient driver? (British Columbia, Canada)
What is the test for a driver who failed two breath tests for failing to show up to .08? (British Columbia, Canada)
What is the test for a driver in a servient position to fix any portion of the blame on the dominant driver? (British Columbia, Canada)
In what circumstances will a driver be found liable for failing to yield the right-of-way? (British Columbia, Canada)
Can a dominant driver be found contributorily negligent in a collision involving a servient driver? (British Columbia, Canada)
What is the test for a motorcyclist who claims that the driver in front of her vehicle failed to signal her intention to turn and, therefore, caused him to drive into her vehicle? (British Columbia, Canada)
Is Bartulin responsible for failing to ensure that the driver was competent? (British Columbia, Canada)
What is the legal test for a driver who drives through a yellow light and is struck by another driver? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.