How is care or control determined in a motor vehicle accident?
Ontario, Canada
The following excerpt is from R. v. Kundra, 2015 ONCJ 828 (CanLII):
[34] The case of R v. Agyemang, [2014] O.J. No. 5047 at p. 40 establishes three routes for determining care or control: (1) evidence of driving, (2) applying the rebuttable presumption in s. 258(1)(a) where the accused was in the seat normally occupied by the driver, or (3) through evidence of de facto or actual control which involves the risk of danger as an essential element.
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