Patricia Sim

The plaintiff was injured in a motor vehicle accident while a passenger in a car driven by the defendant driver.

The vehicle was owned by the driver's mother, who had explicitly refused permission for him to drive it.

The mother and her insurer brought motions for summary judgment to dismiss the action against them on the basis that the vehicle was taken without consent.

The court found that the driver had never taken the car before, the mother had hidden the keys, and there was no implied consent.

The motions for summary judgment were granted and the action against the owner and insurer was dismissed.

The plaintiff, Adam Gardner, sued John Doe Driver, John Doe Owner, and TD General Insurance after an automobile accident, alleging an unknown vehicle was the sole cause.

TD General Insurance, Gardner's insurer, brought a summary judgment motion to dismiss the action against it, arguing that an identified vehicle (Mr. Curtis's) was involved, which would preclude coverage under s. 265(1) of the Insurance Act.

The court granted TD Insurance's motion, finding on a balance of probabilities that the accident was not caused solely by an unknown vehicle, but rather by Gardner's vehicle striking Curtis's vehicle.