Mother And Son Successful On Summary Judgment After Son's Head-On Vehicle Collision

In the recent decision of Moushi v. Stephen, 2019 ONSC 3125, the Ontario Superior Court (Court) considered the impact of a mental disorder on civil liability while also considering the issue of possession and implied consent.

The defendant driver (Son) was discharged from the hospital following an overnight involuntary admission for a psychiatric evaluation. Less then 30 minutes after he left the hospital, Son took his mother's car and drove head-on into the plaintiff's vehicle. It was later revealed that Son had been attempting to drive himself into a cement barricade when the collision occurred. The plaintiff claimed for damages as a result of the collision. Son and his mother (Mother) were both named as defendants in the action and both brought motions for summary judgment, which were ultimately successful.