Does implied consent apply to a driver who has previously been involved in a sexual assault case?

It is clear in reviewing the cases submitted by counsel that the issue of whether or not there is implied consent is very much a fact-driven based exercise. In Burwash v. Guerin, [1994] O.J. 2525, Cusson J. found implied consent. In that case, the driver had driven the vehicle on other occasions, had access to the keys, and had never been refused the right to drive.