What is the test for determining whether there is a claim against the owner or operator of the vehicle in a motor vehicle accident?
Ontario, Canada
The following excerpt is from Piedrahita v. Brad, 2022 ONSC 1850 (CanLII):
In the case of automobile accidents, the claim against the owner or operator is not discovered until the plaintiff has identified the owner and/or operator. This is the subjective element of the test: Miano v. Campos, 2019 ONSC 1816 at paras. 8 and 19.
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