Vicarious Liability Under the Motor Vehicle Act (1989)

Keywords: Charter; vicarious; liability; tortfeasor; Motor Vehicle Act; motor vehicle; owner; negligence; duty of care; lease; master; servant; principal; agent; operator; identity; prudent entrustment; evidence; radar; speed; trap; provincial; offence; charter; civil; penal

This project examines vicarious liability, a concept used in the Motor Vehicle Act to impose liability on the owner of a vehicle for wrongs or offences that are committed by the operator. It is difficult to reconcile this concept with the widely held view that only blameworthy conduct should attract punishment or liability. The project considers this issue and makes various recommendations to modify the application of vicarious liability by adopting alternative strategies.