The plaintiff was injured in a motor vehicle accident involving a rental vehicle leased by the defendant lessee but driven by an unauthorized third party.
The sole issue at trial was whether the lessee had given express or implied consent to his friend to possess the vehicle, which would make the lessee vicariously liable under s. 192(3) of the Highway Traffic Act.
The court rejected the lessee's evidence that he had flatly refused his friend's request to use the vehicle, finding his subsequent conduct inconsistent with a refusal.
The court concluded that the presumption of consent was not rebutted and held the lessee vicariously liable for the negligent operation of the vehicle.
