Knowledge Centre

Implied Consent is more than Subjective Belief

Kate Agyemang
August 2016 Kelly Santini LLP, Ontario

Watts v Bowman, 2016 ONSC 3994 arose after the Defendant, Ms. Amanda Bowman, was involved in a motor vehicle accident with the Plaintiff, while driving her mother’s car. Liability and damages were not dispute. However, as the owner of a vehicle is liable for loss or damage sustained by any negligent driver of their vehicle under 192(2) of the Highway Traffic Act, unless the vehicle was used without the owner’s consent, the sole issue was whether the Defendant had her mother`s implied consent to drive the car.

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