Ontario LAT: ATV Crash on Public Highway Constitutes Accident

• The Licence Appeal Tribunal determined that an ATV crash on a rural property intersected by public highways was an accident under s. 3(1) of the Statutory Accident Benefits Schedule.
• The decision expands accident benefit coverage to include injuries sustained during contemporaneous trips on and off public highways.
• Lawyers advising clients on ATV use should note that their clients' statutory accident benefits claims may be affected by this decision.

"The ATV cannot require insurance and not require insurance during the same contemporaneous incident," wrote Brian Norris, vice chair, for the tribunal.

A woman with a traumatic brain injury sought to revive her statutory accident benefits claim, which was stopped by her insurer. The Licence Appeal Tribunal (LAT) determined that an incident involving an all-terrain vehicle (ATV) crash on a rural property intersected by public highways was an accident under s. 3(1) of the Statutory Accident Benefits Schedule. The applicant had driven the ATV from the rural property to a swimming pond, traversing a public highway, when she lost control and crashed into a tree. She sustained catastrophic injuries in the incident. The insurer initially accepted her claim for statutory accident benefits but later denied it, arguing that the ATV incident was not an accident under s. 3(1) of the Schedule.

The LAT's decision is significant because it expands accident benefit coverage to include injuries sustained during contemporaneous trips on and off public highways. This means that lawyers advising clients on ATV use should note that their clients' statutory accident benefits claims may be affected. The decision also highlights the importance of understanding the intersection of Ontario's Off-Road Vehicles Act, 1990, and the Statutory Accident Benefits Schedule. In this case, the LAT cited an exception to s. 2(1) of the Off-Road Vehicles Act, which allows off-road vehicles to be operated on a highway if certain conditions are met.

The LAT's decision has implications for ATV insurance requirements in Ontario and automobile accident benefits in Canada. Lawyers advising clients on ATV use should be aware of the expanded accident benefit coverage and its potential impact on their clients' statutory accident benefits claims. The decision also underscores the importance of considering the contemporaneous nature of trips on and off public highways when determining whether an incident constitutes an accident under s. 3(1) of the Schedule.

Lawyers advising clients on ATV use should note that the Ontario LAT has expanded accident benefit coverage to include injuries sustained during contemporaneous trips on and off public highways, potentially affecting their clients' statutory accident benefits claims.

Source: Original reporting via CanLII