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

In Traders General Insurance v. McCubbin, [2009] O.J. No. 4478, Justice Belobaba determined that the son did not have explicit consent to drive the vehicle but he did have implied consent. The evidence demonstrated that the respondent allowed the son to drive the truck on private roads and when he learned the son had been occasionally driving on public roads, simply told the son to be careful. On the day of the accident, the son had another licensed driver with him, but not one with four years’ experience, as required by conditions of the son’s licence.