R. v. Lockerby
139 C.C.C. (3d) 314
Accused's friend was diving the vehicle when he went inside a resturant to check for any other friends. The vehivle had a manual tranmission and was running in neutral with the parking brake ingaged. When the accused and the others were still in the vehicle they decided they would eat at the resturant even if the other friends weren't there. The accused then went into the drivers seat to turn the vehicle off and put it into gear.