The plaintiff's claims arising from a motor vehicle accident were settled, leaving a liability dispute between the defendant vehicle owner and the plaintiff's insurer.
The owner's boyfriend took her vehicle without express permission and was involved in a collision.
The court found the owner's evidence lacking in credibility, noting her failure to report the vehicle stolen and her delay in contacting police.
The court held that the owner failed to rebut the presumption under s. 192(2) of the Highway Traffic Act that the driver had her implied consent to possess the vehicle, rendering her vicariously liable.
