What are the elements of vicarious liability under s. 192(2) of the Highway Traffic Act?
Ontario, Canada
The following excerpt is from Persaud v. Bratanov and Unifund Assurance Co., 2012 ONSC 5232 (CanLII):
There are, essentially, four components of vicarious liability under s. 192(2) of the Highway Traffic Act which must be established by a plaintiff, namely: (1) that the defendant was the owner of the vehicle; (2) that the negligent operation of the vehicle by the driver caused the plaintiff’s damages; (3) that the incident took place on a “highway;” and (4) that the driver was operating the vehicle with the consent of the owner. See: Ladouceur v. Zimmerman, [2009] O.J. No. 4777 (S.C.J.) at para. 21.
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