What is the test for implied consent in a motor vehicle case where the vehicle was driven by a third party?

British Columbia, Canada


The following excerpt is from Godsman v. Peck, 1997 CanLII 4030 (BC CA):

In concluding whether or not the test is met in the circumstances of a case of that sort (where the vehicle was driven by a third party), an important and relevant consideration is whether or not the evidence supports the conclusion that, at the time the motor vehicle was loaned to the original driver, the owner granted possession of it under circumstances that clearly show that it was acquired with both the willingness and the expectation on the owner's part that it would be driven by a third person. I agree with Verchere J. in Hartley v. Saunders, supra, at 469, where he says: On the question of implied consent to some person other than the actual borrower operating a motor vehicle, the owner's expectation and willingness to operation by another are material factors to be considered.

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