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ARTICLE · 20 MAY 2022

Like A Light Switch: Court Examines Consent + Vicarious Liability

A recent case from the Alberta Court of Appeal confirms that the imposition of conditions on the consent of possession does not protect a vehicle owner from vicarious liability.

CanadaInsurance

A recent case from the Alberta Court of Appeal confirms that the imposition of conditions on the consent of possession does not protect a vehicle owner from vicarious liability. 

Facts

Pinksen owned a car, and her husband allowed Rampersad to use the vehicle to run a few errands. He was to return the car later that day, but he never did. Rampersad was told that he had until 5 AM the next morning to return the vehicle, and if it was not returned, it would be listed as stolen in the police database.

Rampersad did not return the vehicle by 5 AM and Pinksen reported it stolen. After the deadline to return the vehicle passed, Rampersad was in a collision with Mansour. Rampersad was charged with six offences, including theft of the vehicle.

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