William J. McCorriston

The appellants appealed a jury verdict finding the respondents not liable.

The appellants acknowledged the trial judge's charge to the jury was excellent but argued the verdict was unreasonable.

The Court of Appeal dismissed the appeal, finding the jury's verdict was amply supported by the evidence.

The minor plaintiff was injured in a motor vehicle accident while riding as a passenger in a stolen car.

He claimed damages against his mother's automobile insurer under the uninsured motorist provisions of the Ontario Standard Automobile Policy (OAP 1).

The insurer moved to determine whether paragraph 1.8.2 of OAP 1 excluded the claim.

The motion judge found the claim was not excluded.

The Court of Appeal allowed the insurer's appeal, holding that the second clause of paragraph 1.8.2 refers to an occupant of 'an automobile' rather than 'the automobile' as defined in the policy, thereby excluding coverage for an occupant of any automobile driven without consent.