What is the test for determining consent?

Nova Scotia, Canada


The following excerpt is from Newell v. Towns, 2008 NSSC 174 (CanLII):

The test to be applied by a trial judge to decide this question is whether all the circumstances were such as would show that the driver would have been justified in deeming that he had the implied consent of the owner to have possession of the vehicle at the time the negligent operation took place. The test is not subjective as to whether the driver believed he had consent. The test is objective as to whether it was reasonable in the circumstances that the driver would have been justified in deeming he had consent. Palsky et al v. Humphrey et al, 1964 CanLII 96 (SCC), [1964] S.C.R. 580.

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