consent Tag Archives

Watts v. Bowman, 2016 ONSC 3994 (CanLII)

In order to determine whether a driver of a vehicle has the implied consent of the owner of the vehicle to drive it, the court has to ascertain what he or she actually did under the circumstances, not what he or she would have done under different circumstances. The court cannot speculate on whether or not an owner would consent to allow a vehicle to be driven if the driver had requested the permission.

Watts v. Bowman, 2016 ONSC 3994

Dhawan v Wehbe, 2015 ONSC 6104 (CanLII)

Released October 15, 2015 | CanLII This motion concerns a plaintiff’s efforts to set aside an administrative dismissal order dated November 26, 2014 to permit reinstatement of the proceeding and to extend time to set the action down for trial. The action was commenced in 2008 and at the time of the motion, the plaintiff’s counsel missed deadlines to set it down. The defendant consented …

Consent to Medical Treatment is Not a Waiver of Rights

With the holidays behind us, and all the full potential of the New Year before us, thoughts sometimes turn to our health. Now is the time to dust off the treadmill, avoid the sugary treats and maybe even see the doctor for a checkup. If there are any concerns, the doctor will likely recommend some form of treatment. Treatment can be as simple as a …

Did you know you can be held responsible for an accident without even being in the car?

Many people in Ontario are unaware that they can be held liable for an accident even if they were not in the vehicle at the time. As the owner of a motor vehicle in Ontario, you may be liable for the negligent actions of another person who is in possession of and operates your vehicle. This is called vicarious liability. Section 192 (2) of the …