How have the courts interpreted the phrase "knew" or "ought to have known" that someone was operating without the consent of the owner?
British Columbia, Canada
The following excerpt is from Schoenhalz v. ICBC, 2016 BCSC 661 (CanLII):
In support of its position, ICBC refers to Dorey v. ICBC, an arbitration award dated May 27, 2003. In that decision, the arbitrator interpreted the phrase that the person “knew” or “ought to have known” that the vehicle was being operated without the consent of the owner.
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