The Court of Appeal for Ontario recently expanded the
applicability of the vicarious liability provision outlined in s.
192(2) of the Highway Traffic Act in Desrochers v. McGinnis, 2024 ONCA 63.
The case involved an accident whereby the plaintiff, Megan, was
operating an ATV on a dirt road when she lost control of the
vehicle, striking a tree. Megan sustained a severe brain
injury.
The ATV was owned by the defendant, Grant, who had entrusted the
vehicle to his son, Patrick, who then gave Megan permission to
drive the ATV.
At trial, the trial judge found Patrick negligent in permitting
Megan to drive the ATV when he knew, or should have known, Megan
did not have the necessary training or skill to do so. However, the
trial judge dismissed the claims as against Grant for vicarious
liability under s. 192(2) of the Highway Traffic Act
having found that once Patrick had stopped driving the ATV, Grant
was no longer statutorily liable for Patrick's negligence.
