Part 3 of a 3-part blog series on ATV liability, based on a
presentation by Robert Murphy at the 2024 County of Carleton Law
Association Civil Litigation conference on November 15, 2024. Click
to read Part 1 and Part 2.
Earlier this year, the Court of Appeal provided guidance with
respect to the standard for ATV owners and those who control access
to ATVs.
In Desrochers v McGinnis, the
Plaintiff, Megan, suffered a severe brain injury when the ATV she
was riding left the roadway and struck a tree on July 29, 2014. At
the time of the accident, she was visiting the property of Grant
and Catherine McGinnis (the parents of her boyfriend, Patrick
McGinnis).
Megan and Patrick had taken the ATV to pick up a truck down the
road. No one wore helmets. Once they reached the truck, Patrick got
off the ATV and drove the truck back. Megan drove the ATV back. On
the way back, Megan drove along a public road called Young Road,
and lost control of the ATV on a sharp corner. She
