What is the standard of care for a 16-year-old girl in a motor vehicle accident?

There must be a subjective assessment of the standard of care required of the plaintiff, taking into account her age, intelligence and experience, as described in McEllistrum v. Etches, supra. The defendant argued that if a subjective test is used to determine the applicable standard of care for the plaintiff, it should be that of the reasonable person since the plaintiff was living on her own, had been involved in the labour force for at least two years, was sexually active and was quite familiar with the effects of alcohol. Further, counsel for the defendant argued, although the plaintiff did not have a driverˊs licence, she was of legal age to drive, indicating a societal consensus that persons 16 years of age are capable of meeting an adult standard of care in operating motor vehicles. I think this argument is simply another way of claiming that the plaintiff was taking part in "adult activities" and I do not find it persuasive. She was a child, and the subjective standard is appropriate.