In what circumstances will implied consent be considered to be implied consent?
Ontario, Canada
The following excerpt is from Fyfe v. Bassett, 2012 ONSC 5125 (CanLII):
In Emond v. Reid, [1993] O.J. No. 1349, Beaulieu J. found implied consent on the facts of that case. He found that the owner admitted that she was fully aware that the driver almost regularly took the car without her express permission by simply taking the keys from her purse. As he stated at para. 76, “Even if the alleged refusal to consent had been established as express, her course of conduct revealed otherwise.”
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