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ARTICLE · 14 NOVEMBER 2014

Possession Is Still 9/10ths Of The Law

Miller Thomson
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The Superior Court has released a decision dealing with whether an owner of an ATV can be held vicariously liable for a driver’s negligence, even though no consent was given to operate the vehicle.

CanadaInsurance
Monika Bolejszo
Monika Bolejszo
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The Superior Court has released a decision dealing with whether an owner of an ATV can be held vicariously liable for a driver's negligence, even though no consent was given to operate the vehicle.

In Fernandes v Araujo, Fernandes was seriously injured while a passenger on an ATV. The ATV was owned by Carlos Almeida and insured by Allstate. Eliana Araujo was the driver of the ATV; she had a G1 licence at the time of the accident.

Carlos was fixing a fence on his farm with some of his friends, including Eliana. Carlos told Eliana that she could drive the ATV on the farm, while Carlos' cousin, Jean Paul, told Eliana not to leave the farm on the ATV. Carlos did not expressly forbid Eliana and Fernandes to leave the farm, although later he said if Eliana and Fernandes had asked him to leave the property he would have said no.

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