In an Ontario Superior Court of Justice ruling on April 6th (Joseph v. Coxall-Mejia et al) the court found a mother not liable in the case of her son seriously injuring a passenger while driving her car.
“When a parent says no to a child who wants to drive the car, and the parent does not leave the keys out in the open to be easily found, the child does not in fact have the parent’s consent to take the car.” (Source: CanadianUnderwriter.ca April 12, 2021)
In 2017, the driver, Douglas, lived at home with his mother and was spending time with his friend, Denoson smoking weed together. Douglas then asked his mother If he could drive his friend home and his mother said no. He found the car keys (after searching for 5 to 10 minutes) and took the car anyway.
“ "This is not a case where the owner of the vehicle failed to take reasonable precautions with her car keys. Nor is it a case where the owner demonstrated ineffective control over an irresponsible member of the family,” Justice Belobaba wrote.” (Source: CanadianUnderwriter.ca April 12, 2021).
The fact that Douglas specifically asked and was told “no” and then had to actively search to find the keys (because they were not simply hanging on a key hook the door) removed any “implied consent” Douglas would have had to take his mother’s vehicle.
Section 192 (2) of the Highway Traffic Act states:
The owner of a motor vehicle or street car is liable for loss or damage sustained by any person by reason of negligence in the operation of the motor vehicle or street car on a highway, unless the motor vehicle or street car was without the owner’s consent in the possession of some person other than the owner or the owner’s chauffeur.
Ontario’s standard auto policy has a section, on Excluded Drivers and Driving without Permission, that specifically states:
Except for certain Accidents Benefits coverage, there is no coverage (including coverage for occupants) under this policy if the automobile is used or operated by a person in possession of the automobile without the owner’s consent…
The case of Joseph v. Coxall-Mejia is not the first of its kind, which is why it's important to know what your insurance will and will not cover when it comes to any person driving your vehicle. If there is a general understanding between members of the same household or anyone else that they are allowed to use a vehicle they may not need “express” permission and could be liable in the case of an accident.
Anyone who owns a vehicle and drives on public roads in Nova Scotia must have liability insurance. At the very least, drivers must carry $500,000 of third party liability insurance, accident benefits insurance and uninsured motorist coverage. Without car insurance, drivers risk losing their savings and personal assets every time they drive. If you’re buying a car, shopping around for new auto insurance or have questions about your current policy, contact us.