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The Court of Appeal upheld the trial judge's finding that an unlicensed driver operated a vehicle without implied consent, precluding a claim for negligent entrustment.
CUMIS General Insurance Company appealed a trial judgment finding that an unlicensed driver operated the respondent's vehicle without consent, either express or implied.
CUMIS argued the trial judge made palpable and overriding errors in her factual findings and failed to establish the tort of negligent entrustment.
The appellate court rejected all of CUMIS's arguments, finding no palpable and overriding errors in the trial judge's credibility assessments and factual conclusions.
The court also held that even if negligent entrustment exists in Ontario, it could not be established given the finding of no implied consent.
The appeal was dismissed with costs awarded to the respondent.
