The defendant insurer brought a Rule 21.01 motion to dismiss the plaintiff's action for uninsured motorist coverage.
The plaintiff was injured as a passenger in a stolen vehicle insured by the defendant.
The Minister, responding on behalf of the uninsured driver's estate, argued the plaintiff was entitled to coverage because he did not know the vehicle was stolen.
The court held that under section 1.8.2 of the Standard Ontario Automobile Policy, coverage is excluded for the automobile insured by the policy if it is operated without the owner's consent, regardless of the passenger's knowledge.
The motion was granted and the action against the insurer was dismissed.
