INTRODUCTION
The Ontario Court of Appeal (“ONCA”) upheld a motion judge’s decision that a co-owner of a motor vehicle is liable for loss or damage arising from negligent operation where another co-owner has consented to a non-owner’s use of the vehicle, even if the first co-owner did not. Nowakowski v Campbell, 2025 ONCA 762 (CanLII)[1] establishes that if either co-owner has consented to the possession of the jointly owned vehicle by a non-owner, both are vicariously liable pursuant to s. 192(2) of the Highway Traffic Act[2] (“HTA”).