The appellant insurer denied third-party liability coverage to the owner of an ATV after his son, who held only a G1 licence, was involved in a serious accident while driving the ATV on a highway.
The motion judge found that the owner had only permitted his son to drive on a specific lane he mistakenly believed was not a highway, and did not permit him to drive on the highway where the accident occurred.
The motion judge concluded the owner was not in breach of Statutory Condition 4(1) at the time of the incident, and alternatively granted relief from forfeiture.
The Court of Appeal found no palpable and overriding error in the motion judge's factual findings regarding the scope of permission granted, and dismissed the appeal.
