Regular Use Of A Truck Includes Recreational Tailgate Diving

In Roberts v. Intact Insurance Company (FSCO A14-002957), Arbitrator Musson found that Intact was responsible for the payment of accident benefits to a young woman who had injured herself while diving into a shallow lake, with a considerable amount of alcohol in her system, from the tailgate of a stationary pick up truck, sometime after 2 a.m.

The facts of the case were submitted by way of an agreed statement of facts. Essentially, the claimant and her friends were out for a night of drinking and socializing.  After patronizing a bar in Manitouwadge, Ontario, they drove out to Sand Lake.  The truck was parked, with its engine off and music blaring from its stereo. The truck bed was hanging out over the shore.  The tailgate was put down and the group were jumping from the tailgate into the lake.  Nobody actually witnessed the claimant jump from the tailgate into the water but she was last seen standing up in the bed of the truck before next being seen floating face