Case citation: Harris v. Victoria
Chrysler Dodge Jeep Ram Ltd., 2023 BCCA 478
The recently released decision of the Court of Appeal in
Harris Victoria Chrysler Dodge Jeep Ram Ltd. v. Ward, 2023
BCCA 478, sheds light on the complexities surrounding vehicle
ownership and liability. One of the pivotal issues was the
ownership of the vehicle and the related consent, express or
implied, at the time of the accident. The dealership argued that it
had entered into a binding contract of sale such that it was no
longer the owner.
The case concerned whether 'ownership' rested
with the dealership which was the legal owner of the vehicle, or
the customer who had taken physical possession of the vehicle to do
a 10-day test drive. The dealership provided the vehicle to the
customer in the hopes that upon the expiry of the 10-day period
they would purchase the vehicle.