Court of Appeal for Ontario

Date: 2017-05-30 Docket: C62899

Judges: Lauwers, Hourigan and Benotto JJ.A.

Between

Qing Bin Lin and Ying Ling Yan Plaintiffs (respondents)

and

Robert Hayes, Kristie King and Economical Insurance Company Defendants (Appellant: Economical Insurance Company / Respondent: Kristie King)

Counsel

Alan Rachlin, for the appellant

R. Steven Baldwin, for the respondent, Kristie King

Sam Pitano, for the respondents, Qing Bin Lin and Ying Ling Yan

Heard

May 19, 2017

Appeal

On appeal from the judgment of Justice G. Byers of the Superior Court of Justice, dated October 14, 2016.

Appeal Book Endorsement

[1] It is clear from the endorsement that neither the owner nor the son consented expressly nor impliedly to the possession or operation of the truck by Hayes. It was open to him to so conclude on the evidence.

[2] Costs of the appeal fixed at $10,000 payable to the respondent. We decline to deal with the plaintiff's costs on which we have no material.