In a recent decision the Supreme Court of Canada dismissed an appeal from the British Columbia Court of Appeal in the case of Transportaction Lease Systems Inc. v. Lueng (Litigation Guardian) 2007 SCC 45. The Court of Appeal in it decision (2006) BCCA 245 had found a vehicle leasing company vicariously liable for the injuries suffered by a passenger in a leased vehicle operated by the son of the lessee. In this case the Court drew a distinction between a true conditional sale agreement and a lease agreement that contained an option to purchase. The case is of significance for those that enter into vehicle lease agreements.
For more information on this topic contact Pushor Mitchell Partner Mark Baron at:
baron@pushormitchell.com or (250) 869-1155