No Consent, No Uninsured Coverage

In Conners v. D’Angelo, 2019 ONCA 905, the plaintiff was a passenger in a vehicle driven by an unlicensed driver, without the permission of the owner. The plaintiff was injured in an accident and sued the driver, the owner of the vehicle, and the owner’s liability insurer.

On a summary judgment motion, the plaintiff’s claim against the insurer was dismissed. The motion judge held that, pursuant to section 1.8.2 of the Ontario Automobile Policy, the insurance contract excluded uninsured motorist coverage for the plaintiff because the automobile was operated without the owner’s consent.

The Court of Appeal upheld the motion judge’s decision, stating that a prior decision, Shipman v. Dominion of Canada General Insurance Co. (2004), 73 O.R. (3d) 144 (C.A.), is directly on point.

The Court of Appeal indicated: “[b]ased on the reasoning in Shipman, coverage for the appellant in this case, an occupant of a vehicle driven without the owner’s consent, is plainly excluded (other than for certain SABs)”.