The claimant was riding on a motorcycle at a privately owned and operated, training and racing facility. The motorcycle owner’s manual indicated that the vehicle was designed for closed course competitions only. The motorcycle was not registered with an insurance policy nor was it plated with the Ministry of Ontario. On the day of the accident, the claimant paid a drop-in fee and signed a waiver to ride the bike. During the course of the ride, the claimant made an unsuccessful jump off of a hill. The claimant fell off the bike and as he was recovering, another rider came over the same jump and struck the claimant. Adjudicator Meray Daoud reviewed the Ontario Court of Appeal decision of Adams v Pineland Amusements Ltd, 2007 ONCA 844, and noted the vehicle did not fall within an “automobile in the ordinary parlance” or listed in a policy. Adjudicator Daoud then reviewed section 224(1) of the Insurance Act and noted the vehicle was not prescribed by regulation and reasoned it had to be determined if the vehicle was required to have a motor vehicle liability policy. When reviewing the legislation identifying vehicles requiring insurance policies Adjudicator Daoud concluded the vehicle fell within the exempted category of off-road vehicles driven or exhibited at a closed course competition. Accordingly, the motorcycle was not an automobile for the purposes of accident benefits, and therefore the claims were dismissed.
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