Aucoin v. Shepherd et al., 2013 YKCA 1

• Judge: Chiasson, Frankel and Hinkson, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: December 12, 2012
• Jurisdiction: Yukon
• Citations: 2013 YKCA 1;(2013), 332 B.C.A.C. 26 (YukCA)

Aucoin v. Shepherd (2013), 332 B.C.A.C. 26 (YukCA);

    569 W.A.C. 26

MLB headnote and full text

Temp. Cite: [2013] B.C.A.C. TBEd. JA.015

Glenda Aucoin (respondent/plaintiff) v. Simon Shepherd, Simon Shepherd operating as Shepherd Contracting (appellants/defendants) and ING Insurance Company of Canada (respondent/defendant) and Mark Mendelsohn and Patsy Aldridge (defendants and third parties)

(12-YU702; 2013 YKCA 1)

Indexed As: Aucoin v. Shepherd et al.

Yukon Court of Appeal

Chiasson, Frankel and Hinkson, JJ.A.

January 11, 2013.

Summary:

On April 26, 2008, Mendelsohn purchased a motor vehicle from Shepherd, who was the registered owner of the vehicle. Shepherd signed and gave to Mendelsohn the required transfer papers and the only set of keys. Mendelsohn paid for and took possession of the vehicle. Shepherd understood that the vehicle would not be driven and would be parked by Mendelsohn for about two weeks until it was taken for a safety inspection, insured and registered. Shepherd did not remove the licence plates from the vehicle because he had no need for them. He planned to move to British Columbia. On April 29, 2008, the vehicle was involved in an accident. Aldridge was the driver of the vehicle. Aucoin was injured. Aucoin sued for damages. A parallel action commenced by Aucoin against her insurer was consolidated with her damages action. At a summary trial, the chambers judge held that Shepherd was an owner of the vehicle at the time of the accident. Shepherd appealed.

The Yukon Court of Appeal allowed the appeal, set aside the order of the chambers judge and declared that on April 29, 2008, Shepherd was not an owner of the vehicle as defined in the Motor Vehicle Act.

Motor Vehicles - Topic 54

General and definitions - Definitions - Owner - Defined - On April 26, 2008, Mendelsohn purchased a motor vehicle from Shepherd, who was the registered owner of the vehicle - Shepherd signed and gave to Mendelsohn the required transfer papers and the only set of keys - Mendelsohn paid for and took possession of the vehicle - Shepherd understood that the vehicle would not be driven and would be parked by Mendelsohn for about two weeks until it was taken for a safety inspection, insured and registered - Shepherd did not remove the licence plates from the vehicle because he had no need for them - He planned to move to British Columbia - On April 29, 2008, the vehicle was involved in an accident - Aldridge was the driver of the vehicle - Aucoin was injured - Aucoin sued for damages - A parallel action commenced by Aucoin against her insurer was consolidated with her damages action - The Yukon Court of Appeal held that on April 29, 2008, Shepherd was not an owner of the vehicle as defined in the Motor Vehicle Act - Section 1(1) of the Act provided that "'owner' means the person in whose name a motor vehicle or trailer is or is required to be registered under this Act" - The court held that the definition of "owner" was disjunctive - An owner was either a person who was registered as the owner or one who was required to be so registered - Section 47(2) of the Act stated that when a change in ownership occurred, the owner's registration expired immediately - He or she no longer was the registered owner - The former registered owner had an obligation to remove the licence plates from the vehicle, but the legislation provided in s. 47(4) that if this was not done, the purchaser of the vehicle had to do so - The fact that a registered owner did not comply with the obligation to remove licence plates did not affect who was the owner as defined by the Act.

Motor Vehicles - Topic 6085

Licensing and registration of motor vehicles - Registration - Effect on ownership - [See Motor Vehicles - Topic 54 ].

Torts - Topic 307

Negligence - Motor vehicle - Liability of owner for negligence of driver of owner's vehicle - Meaning of "owner" - [See Motor Vehicles - Topic 54 ].

Words and Phrases

Owner - The Yukon Court of Appeal considered the meaning of the word "owner" as defined in s. 1(1) of the Motor Vehicles Act, R.S.Y. 2002, c. 153 - See paragraphs 6 to 37.

Cases Noticed:

Hayduk v. Pidoborozny, [1972] S.C.R. 879, consd. [para. 8].

Burton v. Fluth Estate (Public Administrator of), [1994] Y.J. No. 91 (S.C.), refd to. [para. 9].

Westrop-McKay v. Barrett - see McKay Estate v. Barrett et al.

McKay Estate v. Barrett et al. (2001), 285 A.R. 374; 2001 ABQB 81, refd to. [para. 10].

Larocque v. Lutz, [1980] 2 W.W.R. 97; 16 B.C.L.R. 348 (S.C.), affd. (1981), 27 B.C.L.R. 357 (C.A.), consd. [para. 25].

Statutes Noticed:

Motor Vehicles Act, R.S.Y. 2002, c. 153, sect. 1(1), sect. 39(1), sect. 47(1), sect. 47(2), sect. 47(4) [para. 32].

Authors and Works Noticed:

Sullivan, Ruth, Statutory Interpretation (2nd Ed. 2007), p. 49 [para. 77].

Counsel:

A.D. Schmit, for the appellants;

D.L. Fendrick, for the respondent, G. Aucoin;

M.M.T. MacKinnon, for the respondent, ING Insurance Company.

This appeal was heard on December 12, 2012, at Vancouver, B.C., before Chiasson, Frankel and Hinkson, JJ.A., of the Yukon Court of Appeal. The following judgment of the Court of Appeal was delivered by Chiasson, J.A., on January 11, 2013.