What is the test for "living with" a driver in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Herbers v. Canada (Attorney General), 2011 ABQB 502 (CanLII):
For the driver to be “living with” the owner, the arrangement must have a significant degree of permanency. It is not enough to constitute the “living with” element that the driver is welcome to come to the owner’s residence whenever he wants to. However, that the driver did not intend to live permanently with the owner does not mean he was not living with the owner at the time of the accident. Paynter v. Wood [1970] B.C.J. No. 333 (B.C.S.C.)
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