What is the test for giving consent to drive a vehicle without giving the owner explicit instructions?
Ontario, Canada
The following excerpt is from Moushi v. Stephen, 2019 ONSC 3125 (CanLII):
The facts here bear some similarity to those in Bonter v. Laird.[23] In Bonter, the owner of the car had given the keys to the defendant, so he could retrieve his cigarettes from the car. The court rejected the submission that implied consent was given when the owner gave the keys to the defendant without also giving explicit instructions not to drive the vehicle.
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