The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's action for property damage to her vehicle.
The plaintiff had permitted her boyfriend to drive her vehicle, and he was subsequently involved in an accident while intoxicated and unlicensed.
The insurer denied coverage under s. 7.2.2 of the Ontario Automobile Policy (OAP-1) for illegal use.
The plaintiff argued the insurer had to prove she knew her boyfriend was intoxicated or unlicensed when she gave permission.
The court rejected this interpretation, holding that s. 7.2.2 only requires the insurer to prove the plaintiff permitted the other person to drive, and that the other person committed an illegal use.
The motion was granted and the action dismissed.
