ATVs, Automobiles, And Jurisdictions (Oh My!)

Does an ATV become an "automobile" under Ontario insurance law if it is involved in an accident outside Ontario?

In Benson v. Belair, an Ontario resident fell off the back of an All-Terrain Vehicle (ATV) in Fort Nelson, British Columbia. He sustained a severe traumatic brain injury. The ATV, owned and operated by a BC resident, was not required to be insured under an automobile policy in BC and it was not insured.

Because of the incident, the claimant applied to his automobile insurer for Ontario accident benefits, claiming recourse against his personal policy. The insurer denied the claim on the basis that the ATV was not an "automobile" and, accordingly, there was no coverage under the policy.