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.
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Watts v. Bowman, 2016 ONSC 3994
Watts is an illustrative case dealing with implied consent. Watts restates the current test for whether implied consent has been granted.
Every Dog Has its Day: Hopefully Not in Court
The joy and happiness of dog ownership has been proven time and time again. However, with dog ownership also comes legal responsibly. After all, dog breeds of all shapes and sizes have the potential to inflict harm, even inadvertently, to people or other animals and the legal consequences must be taken seriously. In Ontario, the Dog Owners’ Liability Act (the “Act”) governs the law in …
