The plaintiff was seriously injured in a motor vehicle collision.
The owner of the vehicle, a rental car company (2180571 Ontario Ltd. operating as "Practicar"), brought a motion for summary judgment to dismiss the claim against it, arguing it was not vicariously liable for the driver's negligence.
Co-defendants, The Personal Insurance Company and PAFCO Insurance Company, opposed the motion, seeking a finding of vicarious liability against Practicar.
The court found that the individual who rented the car, despite using a fraudulent identity, was a "lessee" under the Highway Traffic Act.
Consequently, her consent to the negligent driver operating the vehicle was deemed the owner's consent, making Practicar vicariously liable.
The motion to dismiss was denied, and claims against the insurers were dismissed.