Fernandes v. Araujo, 2015 ONCA 571 – The defendant and plaintiff were given permission to drive the ATV on the owner’s property however, in the presence of the owner, a family member specifically told them not to leave the farm property and not to drive on the highway. These instructions were ignored and an accident resulted when the ATV rolled over while driving on the highway injuring the plaintiff. The owner’s insurer contends that it should be found as a fact that while the operator was told she could use the ATV, she was told not to drive it on the highway and therefore the owner would not be vicariously liable for damages sustained in the highway accident.

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