The plaintiff was injured as a result of a motor vehicle accident. The defendant driver was suffering psychiatric impairments at the time of the accident. He stole his mother’s vehicle and struck the plaintiff vehicle head-on. The defendant driver and his mother both moved for summary judgment. The defendant driver took the position that he was not civilly liable for his actions because of the psychological disorder he suffered at the time. The mother moved on the basis that the defendant driver did not have consent to possess her vehicle, nor was she responsible for his actions. Justice Sheard granted summary judgment. With regard to the mother, Justice Sheard held that the defendant driver did not have consent to possess the vehicle, and the mother did not have a duty of care to control her son’s actions. With regard to the defendant driver, Justice Sheard reviewed the case law defining mental illness in negligence law and concluded that he could not be held civilly liable for his actions.
