The insurer appealed the decision of the Divisional Court (which upheld the Tribunal’s decision) that a dirt bike involved in an accident was an “automobile” for the purposes of the SABS. The Tribunal had concluded that the dirt bike was required to be insured under the Off-Road Vehicles Act and was not exempt from insurance through the regulation that allowed off-road vehicles to be uninsured when “driven or exhibited at a closed course competition or rally sponsored by a motorcycle association.” The Court of Appeal agreed with the Divisional Court that the dirt bike was an “automobile” based on the Off-Road Vehicles Act and its regulations. The Court agreed that one of the purposes of the Off-Road Vehicles Act was to promote universal insurance coverage, and that the Act had to be read in the context of the multiple statutes and regulations governing automobile insurance and the Government’s goal of ensuring universal insurance coverage with only a few exceptions.
