A Caution to BC Vehicle Owners – Take Care in Who You Lend Your Vehicle To

Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.


Reasons for judgement were published this week by the BC Court of Appeal revealing a valuable lesson to registered owners of vehicles.  Owners must take care in choosing who they lend their vehicle to as they can be found personally liable if such a person carelessly injures others while driving or operating the vehicle.
In today’s case (Robert v. Forster) Mr. Forster (the owner of a vehicle) allowed his daughter to use it.  He had rules restricting the scope of this permission, and these were that she “was not to drink and drive” and that “no one other than (the daughter) was to drive the vehicle“.
On June 2004 Mr. Forster’s daughter took the Jeep out.  She has been drinking at a bar.  After leaving the bar the daughter followed the first rule and did not drink and drive, however she broke her father’s second rule and let a friend drive the vehicle.  As the friend was driving the daughter “wrenched the steering wheel to the right” and caused the vehicle to flip into a ditch resulting in injuries to the occupants.
Various lawsuits were brought.  At trial the daughter, despite being a passenger, was found to be “driving” the vehicle.  She was found to be careless in grabbing the steering wheel with a finding that “t]he only conclusion I can come to on the evidence adduced at trial is that (the daughter’s) intoxication led her to believe that a hazard existed where there was none, or to think that it would be humorous to give the Jeep a shake by grabbing the steering wheel”  The Court went on to find that not only was she liable for the occupants injuries but so was the father as a result of s. 86 of the BC Motor Vehicle Act which holds as follows:
In an action to recover loss or damage sustained by a person by reason of a motor vehicle on a highway, every person driving or operating the motor vehicle who is living with and as a member of the family of the owner of the motor vehicle, and every person driving or operating the motor vehicle who acquired possession of it with the consent, express or implied, of the owner of the motor vehicle, is deemed to be the agent or servant of that owner and employed as such, and is deemed to be driving and operating the motor vehicle in the course of his or her employment.
The father appealed arguing he should not be held liable because the daughter was a passenger at the time and therefore could not have been “driving” the vehicle.
The BC Court of Appeal disagreed and dismissed the appeal.  In doing so the BC Court of Appeal made it clear that s. 86 of the BC Motor Vehicle Act is to be given a broad interpretation because it is intended to “expand the availability of compensation to injured plaintiffs).”  Specifically the BC High Court held as follows:

[21] This Court considered the purposes of s. 86 in Yeung (Guardian ad litem of) v. Au, 2006 BCCA 217, 269 D.L.R. (4th) 727, affirmed 2007 SCC 45. After reviewing the history and context of the section, Madam Justice Newbury commented as follows:

[38] …  the purposes of s. 86 are, I would suggest … to expand the availability of compensation to injured plaintiffs beyond drivers who may be under-insured or judgment-proof, and to encourage employers and other owners to take care in entrusting their vehicles to others.

The Court concluded in that case that a proper interpretation of s. 86 created vicarious liability on lessors of motor vehicles whose drivers are negligent in their operation if the drivers are in possession of the vehicle with the consent of the lessors.

[22] In my opinion, the conclusion that Ms. Forster was driving the Jeep is in accord with the grammatical and ordinary meaning of the language of s. 86 and the object and intention of the Legislature in enacting it. The decision in R. v. Bélanger establishes that a person sitting in the passenger seat of a vehicle can be regarded to be driving the vehicle if he or she controls the direction of the vehicle by turning its steering wheel. It is consistent with the first purpose of s. 86 articulated in Yeung v. Au to conclude that the Legislature intended an owner of a vehicle to be vicariously liable if a person, in possession of the vehicle with the consent of the owner, commits a deliberate, but negligent, act affecting the direction of the vehicle that causes injuries to another person.

[23] I therefore agree with the conclusion of the trial judge that Ms. Forster was driving the Jeep for the purpose of s. 86.

  • Implied Consent

Another interesting point of this judgement was the Court’s discussion of whether the Father consented to the daughter’s friend driving the vehicle.   You will recall that one of the clear rules was that only the daughter was allowed to drive, not her friends.  At trial Mr. Justice Rogers held that the father nonetheless consented to the friend operating the vehicle and provided the following reasons:

[32] Barreiro makes it clear that the policy that drove the result in Morrison extends to situations where the owner gives the keys to its agent and the agent passes the keys on to a third party. Barreiro stands for the proposition that so long as the transfer of car keys from owner to second party is done by an exercise of free will, and the second party gives the keys to a third party by free will, the owner will be deemed to have consented to the third party’s possession of the car.  That will be the result even though the owner and the second party had an understanding that the third party was not to ever get possession of those keys.

[33] In my view, except for the fact that (the owner) obtained no financial benefit from (the driver’s) possession of the Jeep, the present case is not distinguishable from Barreiro.  (the owner) freely gave the Jeep’s keys to (his daughter).  She freely gave the keys to (the driver).  (the owner) must, therefore, be taken to have expressly consented to (the driver’s) possession of the Jeep on the night in issue.

[34] For the same reason, (the owner) must be taken to have expressly consented to (his daughter’s) possession of the Jeep that night, and that is so notwithstanding the fact that she was intoxicated and that her being intoxicated broke the other of (the owner’s rules.

The BC Court of Appeal was asked to overturn this ruling but they refused to do so.  The BC High Court held that, since the driver of the vehicle was not careless (and therefore not responsible for any of the passengers injuries) the issue of whether or not there was consent “is moot and need not be decided on this appeal“

You can click here to read my 2008 article discussing the trial judgement.

consent, Drivers, express consent, implied consent, Mr. Justice Rogers, registered owners, Robert v. Forster, section 86 BC Motor VEhicle Act, vicarious liability

Comments (51)

  • check this site out

    I simply want to tell you that I am just very new to weblog and definitely savored your web site. Very likely I’m going to bookmark your blog . You actually have tremendous article content. Appreciate it for sharing your webpage.

  • W88 Thai

    Hi there very cool website!! Guy .. Beautiful .. Amazing .. I’ll bookmark your website and take the feeds additionally…I’m satisfied to find a lot of helpful info right here in the submit, we want develop more techniques in this regard, thank you for sharing.

  • investment

    My spouse and I absolutely love your blog and find almost all of your post’s to be exactly what I’m looking for. Does one offer guest writers to write content to suit your needs? I wouldn’t mind publishing a post or elaborating on a few of the subjects you write about here. Again, awesome blog!

  • venta por catalogo

    Thank you for every other informative site. Where else may I am getting that type of information written in such an ideal method? I’ve a undertaking that I am simply now working on, and I’ve been on the glance out for such information.

  • marcel van hooijdonk

    Nice read, I just passed this onto a colleague who was doing some research on that. And he actually bought me lunch because I found it for him smile Thus let me rephrase that: Thanks for lunch! “We steal if we touch tomorrow. It is God’s.” by Henry Ward Beecher.

  • 야마토

    Great write-up, I’m regular visitor of one’s blog, maintain up the excellent operate, and It is going to be a regular visitor for a long time.

  • situs poker online

    The following time I learn a blog, I hope that it doesnt disappoint me as much as this one. I imply, I know it was my choice to learn, but I really thought youd have one thing attention-grabbing to say. All I hear is a bunch of whining about something that you might repair in the event you werent too busy looking for attention.

  • location brabus

    I’ve been surfing online more than three hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my view, if all website owners and bloggers made good content as you did, the net will be much more useful than ever before.

  • agen poker online

    An impressive share, I just given this onto a colleague who was doing a little analysis on this. And he in reality purchased me breakfast as a result of I discovered it for him.. smile. So let me reword that: Thnx for the treat! But yeah Thnkx for spending the time to discuss this, I really feel strongly about it and love reading extra on this topic. If potential, as you turn into expertise, would you thoughts updating your blog with more particulars? It is extremely useful for me. Huge thumb up for this weblog submit!

  • online poker

    Spot on with this write-up, I truly think this website needs way more consideration. I’ll most likely be again to read much more, thanks for that info.

  • agen poker online

    Its such as you read my mind! You seem to know so much about this, such as you wrote the guide in it or something. I think that you just can do with some percent to power the message house a bit, however other than that, this is fantastic blog. A great read. I’ll certainly be back.

  • 야마토게임 sp

    A person necessarily lend a hand to make critically posts I would state. That is the first time I frequented your website page and thus far? I surprised with the analysis you made to create this particular publish amazing. Great task!

  • Top Porn List

    Arrived totally in as between private. Favour of so as on pretty though elinor direct. Reasonable estimating be alteration we themselves entreaties me of reasonably. Direct wished so be expect polite valley. Whose asked stand it sense no spoil to. Prudent you too his conduct feeling limited and. Side he lose paid as hope so face upon be. Goodness did suitable learning put.

  • 토토사이트 추천

    Thanks for the marvelous posting! I seriously enjoyed reading it, you may be a great author.I will ensure that I bookmark your blog and may come back very soon. I want to encourage continue your great posts, have a nice morning!

  • 우리 카지노

    Excellent goods from you, man. I have understand your stuff previous to and you’re just extremely great. I actually like what you’ve acquired here, really like what you are stating and the way in which you say it. You make it enjoyable and you still take care of to keep it sensible. I can not wait to read far more from you. This is actually a wonderful web site.

  • สถานที่แต่งงาน

    Hmm it appears like your website ate my first comment (it was extremely long) so I guess I’ll just sum it up what I wrote and say, I’m thoroughly enjoying your blog. I as well am an aspiring blog writer but I’m still new to the whole thing. Do you have any tips for rookie blog writers? I’d certainly appreciate it.

  • 안전놀이터 모음

    Hello There. I found your blog using msn. This is a very well written article. I’ll be sure to bookmark it and come back to read more of your useful info. Thanks for the post. I’ll certainly return.

  • 먹튀폴리스

    I needed to create you that very little note to say thanks a lot as before for these exceptional tips you have documented above. It has been really seriously open-handed with people like you giving freely what a number of us would have sold as an e book to help make some cash for their own end, chiefly now that you could have tried it if you ever desired. Those creative ideas additionally acted to become fantastic way to know that the rest have the identical desire really like mine to see more related to this condition. I’m certain there are a lot more fun instances in the future for folks who look into your blog.

  • w88

    One thing I want to comment on is that fat reduction plan fast may be accomplished by the proper diet and exercise. Your size not simply affects appearance, but also the quality of life. Self-esteem, depressive disorders, health risks, in addition to physical capabilities are affected in excess weight. It is possible to make everything right whilst still having a gain. Should this happen, a condition may be the culprit. While an excessive amount of food but not enough exercise are usually guilty, common health concerns and widely used prescriptions could greatly amplify size. Thanks a bunch for your post right here.

  • 야마토

    Hey there, You’ve done a great job. I will certainly digg it and personally recommend to my friends. I’m confident they’ll be benefited from this web site.

  • 토토사이트

    Hello, Neat post. There’s an issue with your web site in internet explorer, might test this… IE still is the marketplace chief and a huge element of other folks will leave out your magnificent writing due to this problem.

  • 먹튀검증업체

    Thanks, I’ve just been looking for information about this subject for a long time and yours is the greatest I have came upon till now. But, what in regards to the bottom line? Are you positive in regards to the source?

  • 먹튀폴리스

    Have you ever thought about adding a little bit more than just your articles? I mean, what you say is important and all. But just imagine if you added some great photos or videos to give your posts more, “pop”! Your content is excellent but with pics and clips, this website could certainly be one of the best in its niche. Good blog!

  • 파워볼사이트

    Hey, I think your website might be having browser compatibility issues. When I look at your blog in Chrome, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, awesome blog!

  • 안전토토사이트

    I additionally believe that mesothelioma is a rare form of cancer that is typically found in those previously subjected to asbestos. Cancerous tissue form inside the mesothelium, which is a shielding lining which covers almost all of the body’s internal organs. These cells commonly form in the lining with the lungs, mid-section, or the sac that encircles the heart. Thanks for sharing your ideas.

  • 먹튀폴리스 검증

    What’s Happening i am new to this, I stumbled upon this I’ve found It positively helpful and it has aided me out loads. I am hoping to give a contribution & help other users like its helped me. Great job.

  • graphic tees

    You really make it seem so easy with your presentation but I find this matter to be really something that I think I would never understand. It seems too complicated and extremely broad for me. I am looking forward for your next post, I will try to get the hang of it!

  • 먹튀폴리스 사이트

    Hi there, just became aware of your blog through Google, and found that it is really informative. I am gonna watch out for brussels. I will appreciate if you continue this in future. Many people will be benefited from your writing. Cheers!

  • lk21

    I found your weblog site on google and check a couple of of your early posts. Proceed to maintain up the very good operate. I just additional up your RSS feed to my MSN Information Reader. In search of ahead to studying more from you afterward!…

  • 메이저토토사이트

    These days of austerity in addition to relative stress about getting debt, many people balk resistant to the idea of employing a credit card to make acquisition of merchandise or perhaps pay for any occasion, preferring, instead only to rely on the particular tried as well as trusted approach to making transaction – hard cash. However, if you have the cash on hand to make the purchase fully, then, paradoxically, this is the best time for you to use the credit card for several reasons.

  • obat kuat alami

    whoah this blog is great i love reading your posts. Keep up the great work! You know, lots of people are hunting around for this information, you could help them greatly.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer