Martin ats State Farm MutualPosted March 4, 2016
2014 ONCA 767; Lerners acted for the respondent (defendant in the action) in this appeal of a successful motion for summary judgment. The case arose out of an accident involving an impaired driver, who was driving the vehicle in question without the express consent of the owner of the vehicle (the respondent). The motion judge found that there was no triable issue with regard to implied consent and dismissed the action as against the respondent. The Court of Appeal dismissed the appeal.