The facts of Usher v. Goncalves are not very detailed. However, it appears that the owner of a car freely gave her consent for her son to use the car. Normally the son asked permission. There was no suggestion that permission was ever refused. However, he never asked for permission to let anyone else drive the vehicle. The son gave his consent for Goncalves to drive. Goncalves had an accident. Ruttan J. concluded that there was no implied consent. He wrote: In the present case, Goncalves knew very well that he did not have the express consent of the lady and he knew the lady had no knowledge that he might drive. He knew that she would have objected to the use of the car by her son in driving across the boundary line in order to get dates. In fact, the whole transaction was cloaked in a form of conspiracy. All the boys involved carefully kept the information from the parents knowing the parents would not consent. How can it be then stated she would give implied consent to something he would not venture to seek express consent for. p.19
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