Court of Appeal confirms that a dirt bike is an “automobile” for Accident Benefits coverage
Oatley Vigmond lawyers Robert Durante and Ben Irantalab were recently successful at the Ontario Court of Appeal on behalf of a client who was catastrophically injured while operating his dirt bike in Georgia. The three judge panel accepted their argument that an uninsured recreational off-road vehicle that meets the definition of “automobile” under Ontario law will remain an automobile even when it’s driven outside of Ontario. This decision allows Ontarians who suffer catastrophic injuries to have access to much needed accident benefits under their auto policy even if the accident with the off-road vehicle occurs in the United States.
The official decision can be found at www.ontariocourts.ca/decisions/2019/2019ONCA0840.htm.
About the Authors
When Rob Durante was called to the bar in 1997, he had been articling for a year with a law firm that specialized in defending insurance companies in personal injury cases. “I developed a sense of wanting to right injustices,” he recalls. “I didn’t want to work for the insurance companies… For me, it’s all about achieving justice for clients, righting wrongs and arranging fair compensation.” Rob joined Oatley Vigmond that same year and has been advocating for seriously injured clients and their families ever since.
Ben enjoys the complexities of personal injury litigation and finds the cases that require creative thinking the most gratifying. His practice is exclusively devoted to representing clients with brain injuries, spinal cord injuries, and severe orthopaedic injuries.