News & Events

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.