The claimant was the driver of an all-terrain vehicle which collided with a dirt bike on private property. Neither vehicle was insured and the claimant suffered a severe brain injury as a result of the collision. The issue in dispute is whether either vehicle would be defined as an automobile pursuant to the Insurance Act. The Act defines an automobile as any vehicle required under any Act to be insured under a motor vehicle liability policy. The insurer submitted that the insurance and licensing requirements of any ATV or dirt bike was governed by the Off-Road Vehicles Act (ORVA). Under section 15 of the ORVA, neither an ATV or dirt bike was required to be insured for use on an owners private property. Reading the legislation together, this would mean that the vehicles did not meet the definition of an automobile pursuant to the Insurance Act. However, in this case, the owner of the ATV was not the owner, occupier, or controller of the subject property. Adjudicator Norris therefore concluded that the ATV was required to be insured and section 15 of the ORVA was not applicable. The incident qualified as an accident pursuant to the Schedule.
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