What is the legal test for implied consent under section 287 of the Highway Traffic Act?

Judicial application of section 287 of the Highway Traffic Act provision on consent was discussed within our Court of Appeal in Hosie v. Fawthrop, supra, at pp. 229-230. Beyond that, it is noteworthy that the generally understood meaning of “implied” is to indicate or suggest without express statement, as something to be inferred. On the other hand, “expressed” as a verb means to put into words, and as an adjective means clearly indicated, explicit. It can be observed that section 287 does not require consent be classified and pigeon-holed. The concept of express consent being fairly clear, the intention is that consent may be implied in circumstances where it is not found to have been expressed. In any event, in this jurisdiction the party asserting consent must satisfy the onus of proving that there indeed was consent. The circumstances: