Does the fireplace in one's house constitute implied permission?

Ontario, Canada


The following excerpt is from R. v. Kuzmanov, 2012 ONCJ 662 (CanLII):

32. Consequently, keys being accessible by the fireplace in one’s house, does not constitute implied permission. If certain rules were set out with regard to the operation of the vehicle and consent needed to be given each time the vehicle was taken as was the case in R v. James supra, and the evidence clearly indicated that this consent was not given, then there should be an acquittal of the charges against the Defendant. The key point is whether or not there is evidence showing that there was permission given to the driver to operate the vehicle.

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