The Plaintiff brought a summary judgment motion seeking payment for repair costs of a rented vehicle that was damaged in an accident while it was being rented by the Defendant. The Defendant attempted to rely on the damage waiver in the rental car contract on the basis that the rental vehicle was allegedly stolen during the rental period. The rental agreement also provided that the damage waiver was invalidated in certain circumstances (e.g. where the renter failed to return the original ignition key or ensure that the vehicle ignitiation was turned off at the time of the theft). Justice McArthur found that the Defendant had failed to prove that he returned the original ignition key and did not ensure that the vehicle was turned off at the time of the theft. As such, summary judgment was granted to the Plaintiff.
