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ARTICLE · 16 SEPTEMBER 2014

ATVs On The Road - Insurance Is A Must

Lerners LLP
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The Court of Appeal, in Matheson v. Lewis, recently held that an All Terrain Vehicle ("ATV") is an off-road vehicle that must be insured while on a roadway.

CanadaInsurance
Laura Emmett
Laura Emmett
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The Court of Appeal, in Matheson v. Lewis, [2014 ONCA 542] recently held that an All Terrain Vehicle ("ATV") is an off-road vehicle that must be insured while on a roadway.

The Plaintiff was injured in an accident as he travelled by ATV on a public roadway from one part of his farm to another. In total, the Plaintiff intended to be on the public roadway for thirty seconds or less.

In the Statement of Claim, the Plaintiff named the driver of the truck that hit him, the owner of the truck that struck him and his accident benefits provider.

The Plaintiff brought a motion to determine whether his action was statute barred. At issue was whether the Plaintiff had to have the ATV insured. If it had to be insured, Mr. Matheson's tort claim was barred and his accident benefits entitlement was limited.

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