ATV Liability in Ontario: What the Court of Appeal Says About Owner Responsibility and Insurance Coverage

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  • Key Court of Appeal Decisions Shaping Insurance and Owner Liability in Off-Road Vehicle Accidents

Over the past decade, the Ontario Court of Appeal has addressed liability for off-road vehicle accidents involving ATVs, dirt bikes, and similar vehicles in five cases.  This is a lot of appellate attention!  In fact, the laws relating to insurance and liability (responsibility) on all terrain vehicles and ATVs is very complicated.

Here is a quick look at the cases the Court of Appeal has decided over the past 10 years relating to ATVs.

  1. Matheson v. Lewis (2014 ONCA 542)

This case dealt with liability when an individual was injured while riding an ATV. The focus was on the vehicle owner’s responsibility, and the Court highlighted that liability extends to the owner when they allow the vehicle to be used in a manner that creates foreseeable risks. This decision helps clarify how an ATV owner can be held accountable for injuries, especially if they permit the use of the vehicle under circumstances where harm is predictable.

  1. Benson v. Belair Insurance Company (2019 ONCA 840)

This case clarified that vehicles not typically considered automobiles could still fall within the definition of an “automobile” under certain insurance statutes. The decision emphasized that an off-road vehicle may be considered an automobile if it meets criteria under the relevant insurance laws, focusing on whether it must be insured based on statutes like the Off-Road Vehicles Act (ORVA).

  1. Beaudin v. Travelers Insurance (2022 ONCA 806)

The Court of Appeal examined whether a dirt bike used in a closed course competition was an “automobile” for the purpose of insurance. The Court concluded that the ORVA requires off-road vehicles to be insured unless they are used in events sponsored by motorcycle associations. Beaudin’s dirt bike, though part of a competition, did not meet the sponsorship requirement and therefore was not exempt. The case underlines the legislative intent to ensure universal insurance coverage with limited exceptions, such as for organized events with safety oversight. This decision emphasizes that the applicability of insurance coverage hinges on meeting precise statutory definitions and exemptions under the ORVA and related statutes.

  1. Pridmore v. Drenth (2023 ONCA 606)

This case explored issues around negligence when a passenger was injured while riding on an off-road vehicle. The Court of Appeal reiterated that liability may attach not only to the driver but also to the vehicle’s owner, particularly if the owner contributed to the unsafe circumstances. The decision reinforced the importance of ensuring that ATVs are operated safely and in accordance with applicable laws.

  1. Desrochers v. McGinnis (2024 ONCA 63)

Here, the Court considered the responsibilities of owners when lending their vehicles. The case emphasized that even when the owner is not the one driving, they could still be held liable if they permit someone to operate the vehicle in a dangerous or unlawful manner. This decision aligns with the broader principle that ownership entails responsibilities regarding the use and operation of the vehicle.

Conclusion

Taken together, these cases demonstrate a consistent trend: courts in Ontario take a broad view of liability when it comes to ATVs and other off-road vehicles. Owners can be held accountable not only for direct negligence but also for failing to meet statutory insurance requirements or allowing unsafe use of their vehicles. The Court emphasizes ensuring broad insurance coverage to protect injured parties and holds vehicle owners to high standards when it comes to foreseeability and safety measures.

If you or a loved one has been injured in an all-terrain vehicle or an off-road vehicle in Ontario, the personal injury lawyers at Auger Hollingsworth can help you determine if you have a case.

 

About the Author: Brenda Hollingsworth

Brenda Hollingsworth co-founded Ottawa’s Auger Hollingsworth in 2005 with her husband Richard Auger. Together, their mission was to create a personal injury law firm for Eastern Ontario that is unrivalled in the province for customer service and legal expertise. Brenda was named an Ottawa Business Journal Forty Under 40 award recipient and took home the Women’s Business Network’s Businesswoman of the Year award in the Professional category. She was also recognized as one of Ottawa Life Magazine’s “Top 50 People in the Capital.” She is often quoted as an expert and has appeared in media outlets such as CTV, The Globe and Mail, National Post, Ottawa Citizen, Sun Media, CBC, Toronto Star, Montreal Gazette, CFRA and many legal publications.

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