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Court of Appeal Rules ATV Not a “Self-Propelled Implement of Husbandry”

Mitch Kitagawa and Jake Ruddy
December 2014 Kelly Santini LLP, Ontario

The case of Matheson et al. v Lewis et al., 2014 ONSC 542, dealt with the question of whether an ATV was a “self-propelled implement of husbandry”, which if it were, would exclude it from Ontario’s compulsory insurance regime. The plaintiff, a farmer, used an all-terrain vehicle (“ATV”) in his farming operations but did not insure it under a motor vehicle insurance policy. On one occasion, he drove his ATV on a public road and was struck from behind by a truck, suffering catastrophic injuries. His claim for statutory accident benefits was denied.

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