What is implied consent when a father agrees to his daughter’s use of his car?

British Columbia, Canada


The following excerpt is from Reekie v. Messervey, 1986 CanLII 1103 (BC SC):

In Fierro v. Ziems, [1982] B.C.W.L.D. 1029, B.C.S.C., Vancouver No. B790190, 28th April 1982 (unreported). McEachern C.J.S.C., in a case where the judgment ultimately turned on the admissibility of certain evidence, found an implied consent when the father agreed to his daughter “… treating the car as her own motor vehicle …” and she allowed a third party to drive.

Some of the authorities deal with a family situation — Aydon v. Morgan — but none except it refer to familial situations other than in passing. In the case at bar I am asked to rigidly interpret the words spoken by the plaintiff in the witness stand as if they had been spoken between strangers; but, in my view, this is not correct and because of the family situation I think the result is different than it might otherwise have been.

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