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Reconsideration granted; dirt bike driver injured in closed course competition not excluded from accident benefits.
The applicant was catastrophically injured while driving a dirt bike in a closed course motocross competition.
The insurer denied his claim for accident benefits, relying on an exclusion under s. 2(1) 5 of O. Reg. 863 under the Off-Road Vehicles Act for vehicles driven at a closed course competition or rally sponsored by a motorcycle association.
A preliminary motion decision found the applicant was excluded from benefits.
On reconsideration, the Associate Chair found the adjudicator erred in statutory interpretation by applying the last antecedent rule to conclude that closed course competitions did not need to be sponsored by a motorcycle association to be exempt, and by finding that the organizing corporation qualified as a motorcycle association.
The Request for Reconsideration was granted, and the applicant was found not to be excluded from receiving accident benefits.
