What is the test for "living with" a driver in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Herbers v. Canada (Attorney General), 2011 ABQB 502 (CanLII):
For the driver to be “living with” the owner, the arrangement must have a significant degree of permanency. It is not enough to constitute the “living with” element that the driver is welcome to come to the owner’s residence whenever he wants to. However, that the driver did not intend to live permanently with the owner does not mean he was not living with the owner at the time of the accident. Paynter v. Wood [1970] B.C.J. No. 333 (B.C.S.C.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
If one uses a motor vehicle to deliberately run down another then if one uses the motor vehicle, could the driver have committed the offence of murder, attempted murder or criminal negligence causing death? (Alberta, Canada)
Does the burden of proof against the Registrar of Motor Vehicles apply to motor vehicle accident claims? (Alberta, Canada)
In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident? (Alberta, Canada)
When is a driver who is not a "who is operating a motor vehicle" considered to be a driver? (Alberta, Canada)
When is a driver not a "who is operating a motor vehicle" considered to be a driver? (Alberta, Canada)
What is the impact of psychological personality disorder on the physical effects of a motor vehicle accident? (Alberta, Canada)
What is the quantum of exemplary damage awarded in a motor vehicle accident? (Alberta, Canada)
Does the Administrator have an obligation to contact the driver of a vehicle to establish the identity of the driver? (Alberta, Canada)
In what circumstances will a tow truck be deemed to have contributed to a motor vehicle accident? (Alberta, Canada)
