Does immoveable vehicle defeat the presumption in a motor vehicle accident case?
Ontario, Canada
The following excerpt is from R. v. Rule, 2015 ONCJ 253 (CanLII):
[54] An immoveable vehicle will not necessarily defeat the presumption although an inoperable vehicle can defeat the presumption. In R v. Amyotte, Justice Durno made this point when he said “on either scenario, the presumption remained and the appellant was deemed to be in care or control of the truck, subject to the finding the vehicle was inoperable”. [8] (emphasis added)
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