What is the test for establishing who is the principal operator of a motor vehicle?

British Columbia, Canada


The following excerpt is from Rai v. ICBC, 2005 BCSC 92 (CanLII):

The defendant relies on Westbrook v. Arlent, [1994] B.C.J. 1728 (B.C.S.C.), a decision of Mr. Justice Blair. In that case, the applicant for insurance coverage on a pickup truck registered the pickup truck in his name and declared that he was its principal operator. In fact, his son was the principal operator and the owner of the vehicle. Sometime later, the pickup truck was traded in on a motorcycle. The insured registered the motorcycle in his name but left blank the space for the name of the principal operator on the application form which he signed to transfer the insurance. After an accident involving the motorcycle, which gave rise to the litigation, the insured was asked why the motorcycle was registered in his name and he stated that he was “the registered owner for insurance purposes”.

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