How have courts interpreted implied consent issues?
Ontario, Canada
The following excerpt is from Myers-gordon v. Martin, 2013 ONSC 5441 (CanLII):
Lastly, the case of Emond v. Reid [1993] O.J. No. 1349 (G.D.) [Edmond] was a case where, at trial, one of the issues was whether the driver of the vehicle at issue was driving with the owner’s consent. Implied consent was found after the owner admitted that she was fully aware that the driver almost regularly took her car without her express permission by simply taking the keys from her purse. Nonetheless, the owner did not change her habits, change the location of the keys or confront the driver as to his “non-authorized” possession of the vehicle. Analysis of Implied Consent Issue:
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