What is the test for implied consent in a motor vehicle accident?

The trial judge goes on to conclude that it was not necessary, for the purposes of drawing the inference from the facts as to whether implied consent was given, to consider whether consent of the owner had been requested, would it have been granted as a matter of course. The trial judge found the test set down in Palsky v. Humphrey, 1964 CanLII 96 (SCC), [1964] S.C.R. 580 (S.C.C.) to be limited to its particular facts. He said the inference as to whether implied consent had been conferred was dependant on the facts of each case and in this case as there was a conversation between the owner and the driver, by which it appeared to the driver that the owner had conferred consent, implied consent was established. THE NOTICE OF APPEAL