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Whelton Hiutin LLP Successful on Appeal Concerning Statutory Interpretation of Off-Road Vehicles Act

Whelton Hiutin LLP lawyer Neil Wilson and co-counsel Sara Romeih were recently successful in an appeal concerning the correct statutory interpretation of Ontario’s Off-Road Vehicles Act.  The decision, Beaudin v. Travelers Insurance Company of Canada, 2022 ONCA 806, considered whether an exception to mandatory insurance in the Off-Road Vehicles Act regulations applied to a dirt bike accident in which the applicant sustained catastrophic injuries.  The Court of Appeal concluded that the insurance requirement applied and that the applicant was therefore entitled to statutory accident benefits.  The Court emphasized the importance of considering the legislative scheme as a whole and concluded that the goals of the statutes at issue (universal insurance coverage and promoting the safe operation of off-road vehicles) supported extending coverage to the dirt bike competition in which the applicant was participating.  A copy of the decision can be found here.