The appellant insurer appealed an arbitrator’s decision that snow plow vehicles involved in a motor vehicle accident were “commercial vehicles” under Ontario Regulation 664 and therefore subject to the statutory loss transfer regime under the Insurance Act.
The appellant argued the definition required that a vehicle first be used primarily to transport goods, tools, or equipment before falling within the enumerated list following the phrase “and includes.” The court held that the enumerated list broadens the definition and captures vehicles such as those designed for construction or maintenance purposes even if they are not primarily used for transporting materials.
Applying a contextual and purposive approach to statutory interpretation, the court found the arbitrator correctly interpreted the regulation.
The appeal was dismissed and the arbitrator’s conclusion that the snow plows were heavy commercial vehicles subject to loss transfer was upheld.
