Is Bartulin responsible for failing to ensure that the driver was competent?
British Columbia, Canada
The following excerpt is from Vukorep v. Bartulin, 2004 BCSC 585 (CanLII):
Did Bartulin as owner fail to ensure that Bartulin as driver was competent? I conclude that he did not so fail. This is not a case like Conrad v. Snair where the court refused to limit the liability of an owner because a number of wrongs committed by him were committed in his capacity as owner rather than as master in the sense that he knew the operator often acted incompetently.
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