R v Zwicker

R. v. Zwicker

[1994] O.J. No. 197, 17 O.R. (3d) 171
Court of Appeal for Ontario — Lacourcière, Robins and Finlayson JJ.A. | February 10, 1994

Background

On July 10, 1992, Zwicker was driving her recently purchased Chevrolet Nova westbound on Danforth Avenue in Toronto when police stopped her. She couldn't produce proof of insurance and was given 48 hours to report to the police station with it. She never showed up. When police contacted her by phone twice and finally attended her home on August 5, 1992, she admitted she had never insured the vehicle. She was then charged under section 2(1)(a) of the Compulsory Automobile Insurance Act.

Here's the twist: Zwicker had bought the car from a friend about three weeks before being stopped, but she never registered herself as the owner under section 11(2) of the Highway Traffic Act. The vehicle and licence plate weren't registered to her until July 13, 1992 — three days after she was stopped. Her defence? Only a "registered owner" could be guilty of operating without insurance, and since she wasn't registered at the time, she couldn't be convicted.

Issues

1. Does the word "owner" in section 2 of the Compulsory Automobile Insurance Act apply only to the "registered owner" of a motor vehicle?

The Meaning of "Owner"

Zwicker relied on an earlier Court of Appeal decision, R. v. Sherman (1972), which interpreted "owner" to mean "registered owner" in the context of the old Motor Vehicle Accident Claims Act. But the court wasn't buying it. Justice Robins explained that Sherman dealt with completely different legislation with a completely different purpose — that old act required owners to either pay into a government fund or have insurance, and registration was the only practical way to identify who owed the fee.

The current system is fundamentally different. Under today's Highway Traffic Act, when you buy a car, the seller must remove their plates and you must put on your own plates immediately — even before registering the vehicle itself. The court noted that "registration is thus no longer the sole means of identifying the owner of a given vehicle." More importantly, the Compulsory Automobile Insurance Act is designed to ensure every car on the road is insured, period.

The court ruled that "owner" in section 2(1) includes both registered owners and common law owners — people who have bought and possess a vehicle even if they haven't done the paperwork yet. As Justice Robins put it: "To interpret 'owner' in that manner would permit the person with all the rights of common law ownership to avoid corresponding responsibilities of ownership." The court also noted it would be "anomalous indeed if a breach of the Highway Traffic Act [failing to register] could amount to a shield against liability under the Compulsory Automobile Insurance Act."

Key Takeaway

You can't avoid insurance requirements by simply failing to register a vehicle you've purchased.

If you buy a car and drive it, you're the "owner" for insurance purposes whether you've completed the registration paperwork or not. Your legal obligations start the moment you take possession, not when you get around to visiting a ServiceOntario office.