What is the test for setting a vehicle in motion?
Ontario, Canada
The following excerpt is from R. v. Renaud, 2009 CanLII 55354 (ON SC):
The accused argues that in the absence of this presumption the Crown must prove one of three things, all of which it failed to do: i. That there is a risk the vehicle may unintentionally be set in motion, ii. That he left the vehicle in a dangerous position (it is admitted this was not the case here), iii. Or that there was a significant probability that the person who has decided not to drive will change his mind. (R v. Bernatsky, [2007] 61 M.V.R. (5th) 15 ¶ 13).
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