2 total
Summary judgment granted dismissing action against vehicle owner and insurer where driver took vehicle without consent.
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.
Appeal of summary judgment dismissing action against Children's Aid Society over file comments dismissed.
The appellant appealed a summary judgment dismissing her action against the Children's Aid Society and its employees.
The action arose from comments recorded in a child protection file relating to the appellant's grandchild.
The Court of Appeal upheld the motion judge's findings that the employees were protected from suit by statute, the claims lacked evidentiary support, and the statements were protected by qualified privilege.
The appeal was dismissed with costs.