What is the test for standing in loco parentis to a driver?
Alberta, Canada
The following excerpt is from Herbers v. Canada (Attorney General), 2011 ABQB 502 (CanLII):
It is not enough to satisfy the “as a member of the family” element: - that the head of the residence in question feels some responsibility for the welfare of the driver, - that the driver lived in the owner’s residence without paying room and board, or - that the driver was welcome to come to the owner’s residence whenever he wanted to. It is not necessary in order to satisfy the “as a member of the family” element that the owner stand in loco parentis to the driver. Paynter v. Wood [1970] B.C.J. No. 333 (B.C.S.C.)
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