Appellant
Respondent
Case Overview: The case involved a motor vehicle accident where Tracey Ann Ward and her sister were struck by a Jeep driven by Richard Thomas, resulting in the sister's death and catastrophic injuries to Ward.
Legal Issues: The primary issue was whether Harris Victoria Chrysler Dodge Jeep Ram Ltd. (the dealership) was vicariously liable under Section 86 of the Motor Vehicle Act for the actions of Richard Thomas, who was driving with the implied consent of the dealership.
Trial Court Decision: The trial court found that the dealership remained the "owner in possession" of the Jeep and had impliedly consented to Thomas driving the vehicle. The court awarded Tracey Ann Ward a total of $5,490,033.63 in damages.
Appeal: Harris Victoria Chrysler Dodge Jeep Ram Ltd. appealed, arguing that there was a binding contract of sale and that they were not the "owner in possession" at the time of the accident. They also contested the finding of implied consent.
Court of Appeal Decision: The appeal was dismissed. The Court of Appeal upheld the trial court's findings that the dealership was the owner at the time of the accident and that implied consent was correctly applied. The dealership was held liable for the damages awarded to Ward. The court emphasized that the purpose of Section 86 was to ensure that owners are careful when lending vehicles and to broaden vicarious liability for the protection of innocent victims.
Court
Court of Appeals for British ColumbiaCase Number
CA48424Practice Area
Tort lawAmount
$ 5,490,034Winner
RespondentTrial Start Date
Download documents