The owner of a motor vehicle brought a motion for summary judgment dismissing the plaintiffs’ claims arising from a motor vehicle accident caused by the owner’s minor son.
The owner argued that he did not provide express or implied consent for his unlicensed son to operate the vehicle, relying on s.192 of the Highway Traffic Act.
The court applied the summary judgment framework from Combined Air Mechanical Services Inc. v. Flesch and considered whether implied consent could be determined on the evidentiary record.
Finding the son knew he lacked permission, had never previously driven the vehicle, and had taken the keys without authorization, the court concluded there was no express or implied consent.
Summary judgment was granted dismissing the claim against the vehicle owner.
