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ARTICLE · 01 MARCH 2021

Consent To Operate A Vehicle Is An On-Off Switch, Not A Dimmer

In the recent decision of Mansour v Rampersad, 2021 ABQB 44 the Court confirmed consent is either given or not.

CanadaLitigation, Mediation & Arbitration

In the recent decision of Mansour v Rampersad, 2021 ABQB 44 the Court confirmed consent is either given or not. Further, the vehicle owner can terminate consent given to another driver in advance and at a specific point in time.

In this case, the Defendant was staying at the house of Ms. Pinksen and her husband. Ms. Pinksen went out of town and her husband lent her vehicle to the Defendant so he could run errands. The Defendant agreed to return the vehicle the same day but did not. Ms. Pinksen attempted to contact him over the next two days, but did not receive a response. She then reported to the police that the vehicle had been stolen.

A police officer contacted the Defendant and gave him a deadline by which to return the vehicle, otherwise it would be listed as stolen. Ms. Pinksen, who was present for the call, agreed to this. The Defendant did not return the vehicle by the deadline and it was listed as stolen. The Defendant was subsequently involved in

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