Supreme Court of Canada Upholds Ruling: Dirt Bike Driven in Closed Course Competition Qualifies for Auto Accident Benefits - Travelers Insurance Company of Canada v. Michael Beaudin

June 26, 2023, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Travelers Insurance Company of Canada v. Michael Beaudin 2023 CanLII 51305

Date of Decision: June 15, 2023
Introduction:

In a landmark decision, the Supreme Court of Canada has rejected an appeal by Travelers Insurance Company of Canada, affirming that a dirt bike driven in a closed course motocross competition qualifies as an "automobile" under Ontario's auto accident benefits scheme. This ruling opens the door for a seriously injured driver to claim auto accident benefits from their auto insurer, in accordance with the initial Ontario Court of Appeal decision. Let's dive into the details of this case and its implications.

The Case in Question:

The case revolves around Michael Beaudin, who suffered a severe spinal cord injury while driving his dirt bike in a motocross competition on July 9, 2017. Beaudin, now a paraplegic, sought accident benefits from his insurer, Travelers Insurance Company of Canada. However, Travelers denied coverage, arguing that the dirt bike did not fall under the definition of an "automobile" in Beaudin's policy.

Understanding the Exemption:

Under Ontario's Off-Road Vehicles Act (ORVA), there is an exemption for "off-road vehicles driven or exhibited at a closed course competition or rally sponsored by a motorcycle association." The key issue in this case was whether the dirt bike driven by Beaudin qualified for this exemption.

The Legal Journey:

Initially, the Licence Appeal Tribunal (LAT) found that the competition's sponsor, Canadian Motorsport Racing Competition (CMRC), qualified as a sponsoring motorcycle association. However, Beaudin appealed, and the LAT's associate chair reversed the decision. The associate chair ruled that CMRC did not meet the definition of a "motorcycle association" under ORVA.

Travelers subsequently appealed to the Ontario Divisional Court, which held that the LAT's ruling was a mix of fact and law and could not be appealed. The case then reached the Ontario Court of Appeal, which ruled in favor of Beaudin. The court emphasized that ORVA must be interpreted in conjunction with other vehicle-related legislation in Ontario to uphold public safety and the universal insurance coverage requirement for vehicle drivers.

Implications of the Ruling:

The Supreme Court of Canada's decision to reject Travelers' appeal solidifies the Ontario Court of Appeal's ruling, affirming that dirt bikes driven in closed course motocross competitions are considered "automobiles" for the purpose of auto accident benefits. This means that seriously injured drivers, like Beaudin, can claim benefits from their auto insurers.

The ruling emphasizes the importance of public safety and the assumption that sponsoring motorcycle associations have safety protocols in place for closed course competitions. These associations are expected to promote safe driving and public safety, potentially implementing protective equipment requirements and adult supervision.

Furthermore, the decision highlights the need for consistent interpretation and application of legislation concerning vehicle-related matters in Ontario. By harmonizing ORVA with other relevant laws, the court aims to ensure universal insurance coverage for all drivers and uphold public safety standards.

Conclusion:

The Supreme Court of Canada's rejection of Travelers' appeal regarding the accident benefits case involving a dirt bike driven in a closed course motocross competition has far-reaching implications. This ruling establishes that such dirt bikes are considered "automobiles" under Ontario's auto accident benefits scheme. The decision not only grants seriously injured drivers access to accident benefits but also emphasizes the importance of public safety and uniformity in vehicle-related legislation.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.