Think Twice Before Letting Others Drive
New Ruling Expands Owner Liability
Recently, Ontario’s highest court expanded vicarious liability for motor vehicle owners under section 192(2) of the Highway Traffic Act (“HTA”).
Desrochers v McGinnis, 2021 ONCA 63 involved a 24-year-old woman who suffered a catastrophic brain injury after she crashed an ATV into a tree. The injured woman had no driver’s license and little experience operating the ATV. Her boyfriend, the son of the ATV owner, allowed her to drive the ATV on a public road in the dark. Before the court, an issue was whether the ATV owner was vicariously liable for his son’s actions under s. 192 (2) of the HTA.
Section 192(2) of the HTA 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.
The Ontario Court of Appeal concluded that s. 192(2) of the HTA is intended to protect the public by imposing responsibility on motor vehicle owners to manage their vehicles carefully. This means an owner may be liable for the negligent actions of the person permitted to operate the vehicle.
Applying this finding, the Court of Appeal determined that the boyfriend was negligent in knowingly transferring the management of the ATV to a person who lacked adequate training and had no experience in driving the ATV on a road with no street lighting. Even though the girlfriend was driving and in possession of the ATV at the time of the crash, because the father allowed his son to manage the ATV, he became liable for his son’s negligent actions.
Desrochers v McGinnis emphasizes the legal burden placed on motor vehicle owners. Care and diligence are required when exercising the right to give or transfer the management of a motor vehicle to another person.
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