Does the driver of a vehicle have to prove that he has the implied consent of the owner?
Ontario, Canada
The following excerpt is from Searay v. Tripp, 2013 ONSC 7597 (CanLII):
Furthermore, in Korody v. Bell, [2009] O.J. No. 1716 (S.C.) [Korody], the owner’s testimony was held to contain numerous shortcomings and inconsistencies, especially with respect to the driver’s previous use of the vehicle at issue. On the totality of the evidence therefore, it was ultimately held that the driver assumed that he had the implied consent of the owner and was objectively justified in making that assumption. The issue of implied consent was decided after a trial.
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