Rankin’s Garage: From Small-Town Lawsuit to the Supreme Court of Canada

He was 15 years old. He wasn’t licensed to drive. But after a night of drinking and smoking marijuana, a teenage boy in rural Ontario climbed into the passenger seat of a stolen car — and eventually returned home severely injured.

When the vehicle crashed, he suffered a catastrophic brain injury. And in a decision that shocked many Canadians, the garage from which the car was stolen was found largely responsible.

Samfiru Tumarkin LLP, a leading Canadian law firm for personal injury and insurance disputes, weighed in on the case as it moved through the courts — all the way to the Supreme Court of Canada.

What Happened?

On a summer night in 2006, two teens left the home of one boy’s mother — who had given them alcohol — and went looking for unlocked cars.

At Rankin’s Garage & Sales in the village of Paisley, they found an unlocked Toyota Camry with the keys in the ashtray.

The 16-year-old, who had never driven on a public road, got behind the wheel. His friend got in beside him. Minutes later, they crashed on the way to Walkerton, leaving the passenger with life-altering injuries.

The Court Battle

The injured teen sued the driver, the driver’s mother, and the garage.

A jury found all three defendants negligent — but assigned the largest share of responsibility (37%) to Rankin’s Garage, citing unlocked cars, keys left inside, and a lack of security despite prior thefts in the area.

The Ontario Court of Appeal upheld the verdict in 2016, agreeing the garage had a duty of care to ensure vehicles on its lot could not be stolen and used to cause harm.

Why It Sparked Outrage

The liability split raised eyebrows:

• Garage: 37%
• Driver’s mother: 30%
• Driver: 23%
• Passenger: 10%

Many questioned why a business was held most responsible when two illegal acts — providing alcohol to minors and stealing the vehicle — set the tragedy in motion.

The Supreme Court Steps In

Rankin’s Garage appealed to the Supreme Court of Canada.

On May 11, 2018, the Court released its decision in Rankin (Rankin’s Garage & Sales) v. J.J. — overturning the lower court rulings in a 7–2 majority decision.

The justices found there was no duty of care in this case. While theft of the vehicle might have been foreseeable, there was no evidence to suggest it was reasonably foreseeable that a minor would steal the car and cause personal injury.

A business, the Court ruled, will only owe such a duty where both theft and unsafe operation of the stolen vehicle are reasonably foreseeable in the circumstances.

Tumarkin was featured in additional reporting:

📰 CityNews Kitchener – October 11, 2016
📰 640 Toronto – October 11, 2016
📰 640 Toronto – March 13, 2017

Suffered a Serious Inury? We Can Help

Cases like Rankin’s Garage show how complex personal injury law can be — and how much is at stake when a life-changing injury occurs.

The Toronto personal injury lawyers at Samfiru Tumarkin LLP have the experience, resources, and determination to guide you through the legal process and secure the compensation you’re entitled to.

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