Marnie E. Miller

The applicant requested a reconsideration of a Licence Appeal Tribunal decision which found that his ATV collision was not an 'accident' under the Statutory Accident Benefits Schedule.

The Executive Chair found that the Tribunal made significant errors in applying the Adams test to determine whether the ATV was an 'automobile'.

Specifically, the Tribunal failed to adequately assess voluminous evidence regarding the ownership of the ATV and the occupier of the property at the time of the collision, which was relevant to whether the ATV required insurance under the Off-Road Vehicles Act.

The reconsideration was granted and the matter was ordered to be reheard.

The applicant was injured in an ATV incident on private property and sought statutory accident benefits.

The insurer denied the claim on the basis that the ATV was not an 'automobile' under the Schedule because it was being driven on the property of its owner, exempting it from insurance requirements under the Off-Road Vehicles Act.

The Tribunal found that the property owners owned the ATV at the time of the incident, as a verbal agreement to sell the ATV to the applicant's hosts had not yet resulted in a transfer of ownership under the Sale of Goods Act.

The Tribunal also held it lacked jurisdiction to grant equitable relief such as estoppel.

The application was dismissed.