The issue before the Court was whether Ontario's statutory accident benefits regime applies differently if the subject accident occurs outside of Ontario. Coverage in both of the above cases was denied on the basis that the vehicles – the ATV and dirt bike – were not “automobiles” for the purposes of Ontario's statutory accident benefits regime, as they were not required by law in either the province of British Columbia or the state of Georgia to be insured.
The Court of Appeal found that Ontario law – and therefore the Ontario statutory accident benefits regime – ought to apply equally for accidents that occur both inside and outside the province. The Court of Appeal decided that there ought to be no differentiation based on the location of the loss. The SABS Regulations make it clear that if someone is an insured under a policy, they are covered for incidents in the insured automobile or “another automobile”. An insured under a policy ought to expect coverage if the accident occurs in an automobile “within the extended definition”.
Read the full decision.
