Zuber & Company LLP in Toronto
A great win by David Bierstone, Akari Sano and team in the Summary Judgment Motion of Michaud-Shields v. Gough. This involved a mother and son, living in the same household. The son stole the car. Both the mother and son testified that there was no consent. The uninsured motorist said there was implied consent. The court agreed that there was no implied consent. The judge explained that granting consent to possess is a positive act. If there is no consent, the owner does not have to take active steps to prevent unauthorized use of the vehicle (i.e. hide the keys).