What is the test for putting a vehicle in motion?

Alberta, Canada

The following excerpt is from J. A. G. (Re), 2013 ABTSB 87 (CanLII):

39. The risk of putting the vehicle in motion must be a realistic risk; the risk must be more than theoretically possible but does not have to be probable or even substantial (R v. Boudreault at paragraph 34).

40. Although the intention to drive is not an essential component of care or control, intent can be considered as part of the risk analysis, particularly if intent not to drive is supported by an alternate plan. The impact of an alternate plan will depend on if the plan is objectively concrete and reliable and if the plan was in fact implemented by the Appellant (R v. Boudreault at paragraphs 51-52).

Other Questions

Is a stay of execution of a motion for an application for a motion to overturn a motion of appeal? (Alberta, Canada)
What is the cost to the Court of Appeal of a motion where a motion is brought before a jury? (Alberta, Canada)
Does a plaintiff have to be considered a "part" of the motor vehicle by opening the door of the vehicle to open the passenger? (Alberta, Canada)
How have the courts dealt with the issue of custody and custody issues in a motion of motion of the same name? (Alberta, Canada)
What is the test for a motion to amend the terms of a motion in a civil case? (Alberta, Canada)
Does the burden of proof against the Registrar of Motor Vehicles apply to motor vehicle accident claims? (Alberta, Canada)
What is the test for a stay of execution of an application for a motion to stay of a motion for a separation? (Alberta, Canada)
Can an expert testify that the disclosure of damage to a vehicle causes the vehicle's value to decline? (Alberta, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
If one uses a motor vehicle to deliberately run down another then if one uses the motor vehicle, could the driver have committed the offence of murder, attempted murder or criminal negligence causing death? (Alberta, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.