The claimant was injured when he was struck by a Caterpillar Small Wheel Loader being driven on a municipal road to clear snow. The insurer denied entitlement to accident benefits on the basis that the equipment was not an automobile. The Tribunal concluded that the equipment was an automobile, but came to the conclusion on grounds not advanced by either party. The insurer appealed the decision. The Court granted the appeal and remitted the matter to the Tribunal for a new hearing. The Court concluded that the insurer was not granted procedural fairness when the Tribunal disregarded the claimant’s concession that the first part of the Adams test was not met (which the insurer therefore did not make arguments about) and relied on that part of the test to conclude that the equipment was an automobile.
