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ARTICLE · 25 JANUARY 2021

Terminating Consent To Drive In Advance, Not A Condition

McLennan Ross LLP
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The Court in Mansour v Rampersad, 2021 ABQB 44 clarified that an owner of a motor vehicle may terminate the express consent of another to drive and possess a vehicle in advance and at a...

CanadaTransport
Anthony Espejo
Anthony Espejo
Richard Wong
Richard Wong
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The Court in Mansour v Rampersad, 2021 ABQB 44 clarified that an owner of a motor vehicle may terminate the express consent of another to drive and possess a vehicle in advance and at a specific point in time. This protects vehicle owners in situations where there is no other practical option but to terminate consent in advance at a specified time.

Where another individual is driving and in possession of the owner's vehicle with consent, the Traffic Safety Act holds the owner vicariously liable for the actions of the driver.

The law is clear that consent (either express or implied) cannot be conditional.

An exception to the rule against conditional consent is that an owner can impose a condition that possession cannot be passed onto a third party.

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