A fatal motor vehicle collision occurred after a driver borrowed the vehicle owner’s car earlier in the day and later drove it while intoxicated, causing the death of a young driver.
The plaintiffs and the vehicle owner’s insurer disputed whether the owner or the insurer was responsible for paying an agreed amount of damages.
The court considered whether the driver had possession of the vehicle with the owner’s consent under s.192(2) of the Highway Traffic Act.
Applying appellate authority emphasizing that consent to possession—not consent to operation—governs vicarious liability, the court found the driver remained in possession of the vehicle with the owner’s consent throughout the day.
The owner was therefore vicariously liable for the driver’s negligence and the claim against the insurer was dismissed.
