Does a restriction on the operation of a vehicle constitute consent to possession?
Ontario, Canada
The following excerpt is from Case v. Coseco Insurance Co., 2011 ONSC 2499 (CanLII):
Were the logic of Thompson v. Bourchier, supra, to be applied here, the owner's consent to possession might be considered circumscribed by the restrictions on operation. If the vehicle were operated outside the ambit of the consent to possession, the vehicle would not be in the possession of the operator with consent and vicarious liability would not flow.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a motor vehicle in the possession of another person without the owner's consent? (Ontario, Canada)
Does a 1991 letter of consent constitute a prescriptive right that crystallized before the 1991 consent was provided? (Ontario, Canada)
What is the test for determining whether there is a claim against the owner or operator of the vehicle in a motor vehicle accident? (Ontario, Canada)
Does a manufacturer’s conduct in the course of business, in the context of an examination of a motor vehicle, constitute a duty of sale to the purchaser of the vehicle at the time of purchase? (Ontario, Canada)
In what circumstances have courts sentenced an offender to a total of 6 years for possessing cocaine for the purpose of trafficking and 3 years concurrent for possessing heroin? (Ontario, Canada)
In a motor vehicle accident in this province, when is the discoverability rule applicable in motor vehicle accidents? (Ontario, Canada)
Does a permitted driver have to remain in possession of a vehicle? (Ontario, Canada)
Is a consent order enforceable if the consent order is amended or amended? (Ontario, Canada)
Does the minutes of settlement constitute the underlying agreement or the agreement giving rise to the consent judgment? (Ontario, Canada)
Is a restrictive covenant in a shareholder’s agreement binding a doctor to the restrictive covenant? (Ontario, Canada)
