Is there a statutory or common law duty on ICBC to ensure that a person who represents himself as a registered owner is the lawful owner of a car?
British Columbia, Canada
The following excerpt is from Walji v. New Pacific Nissan Ltd., 2001 BCPC 169 (CanLII):
I am satisfied there is no legislated or common-law duty on ICBC to ensure that a person who represents himself as the registered owner is the lawful owner. The same line of reasoning followed in Sturgeon v. Liu, supra, impels me to the conclusion that no duty is owed by ICBC to ensure that a valid sale has taken place from a dealer in new cars to a purchaser who presents documents of transfer that are facially valid.
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