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ARTICLE · 28 MARCH 2024

A Tale Of Two Tests: BC's Version Of Alberta's Degree Of Control Test For Vehicle Owner's Liability

The recent decision of the British Columbia Supreme Court in Mangat v. Lau, 2024 BCSC 200, raised an interesting question about the complexities of vehicle ownership and liability.

CanadaLitigation, Mediation & Arbitration

Case citation: Mangat v. Lau, 2024 BCSC 200

The recent decision of the British Columbia Supreme Court in Mangat v. Lau, 2024 BCSC 200, raised an interesting question about the complexities of vehicle ownership and liability. The Court had to determine whether the registered owner of a vehicle could fall outside the definition of an "owner" under the Motor Vehicle Act, RSBC 1986, c 318 (the "MVA").

Background The case involved a motor vehicle accident in which the plaintiff's vehicle was hit by the defendant driver, an employee of Xerox Canada Ltd at the time of the accident. The Workers Compensation Appeal Tribunal determined that both the plaintiff and the defendant were "workers" under the Workers Compensation Act, RSBC 2019, c 1. Who was the owner of the Xerox vehicle? The plaintiff relied on section 86 of the MVA and argued Xerox was an "owner" and was vicariously liable for the defendant driver's negligence. The Court revisited the common law concept of

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