Knowledge Centre

Vicariously Liability for Vehicle Owners if Possession Granted to the Driver

Shawn O'Connor
Sasha Willms
November 2018 Kelly Santini LLP, Ontario

In Leigh v Clement, 2018 ONSC 4508 [Leigh] Justice Cornell reviewed under what circumstances an owner of a vehicle can be vicariously liable for an accident involving their vehicle under s. 192(2) of the Highway Traffic Act. In this case the driver who struck the plaintiff’s vehicle had taken his mother’s vehicle without her knowledge or consent. The mother had never granted possession of her vehicle to her son and therefore she was not vicariously liable.

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