Case-Comment-McEvoy-vs-McEachnie-Insurance-Law-Bulletin-January-2009

INSURANCE LAW BULLETIN Insurance Law Issue 1 • January 2009 CASE COMMENT: MCEVOY V. MCEACHNIE, 2008 BCSC 1496 On November 4, 2008, the Supreme Court of British Columbia released its decision in McEvoy v. McEachnie, 2008 BCSC 1496 and ruled that the defendant, William Forster, had consented to Robyn Carly McEachnie, a Contributors in this complete stranger, operating his vehicle on June 20, 2004. issue: Mr. Forster’s 2000 Jeep TJ crashed into a ditch that evening. Three of the four passengers sued for injuries they claim Robert B. Swift were caused by the accident. 604.643.2974 rbswift@davis.ca Mr. Forster had given his daughter, Stephanie Forster, day-to-day control of the Jeep. The title to the Jeep remained Davis LLP’s Insurance Diana L. Dorey in his name. Mr. Forster made it clear that only she was to Law practice group has 604.643.2919 extensive experience in dldorey@davis.ca drive the vehicle, and that she should never drink and drive. handling complex insurance Stephanie and Robyn spent the evening of June 20, 2004 defence claims. Many of our Karen Leung lawyers are seasoned in a bar with friends. When Stephanie became intoxicated, 604.643.2924 litigators that are kleung@davis.ca Robyn became the evening’s designated driver. Two friends experienced at all levels of court and are pioneers in were also offered a ride. At no point did anyone ask Mr. alternative dispute resolution Forster if Robyn ...