Paul William Muirhead

This addendum to reasons for decision addresses a request by the defendant, Fraser Hillary’s Limited, to present supplementary submissions concerning compensation under s. 99 of the Environmental Protection Act, citing the Court of Appeal decision in McCann v. Environmental Compensation Corp. The court declined the request, affirming the principle of finality and finding that the issue did not warrant reconsideration.

The court also clarified its prior finding that applying s. 99(2) was not retroactive and questioned the applicability of McCann to the present case.

The defendants brought a motion under rule 21.01(1) of the Rules of Civil Procedure seeking determination of questions of law before trial.

They argued that the plaintiff farmer’s action for damages arising from a motor vehicle collision was barred under s. 267.6(1) of the Insurance Act because he operated an uninsured all‑terrain vehicle (ATV) on a public road, and that his claim for statutory accident benefits was barred by s. 30(1)(a) of the Statutory Accident Benefits Schedule.

The court held that the ATV, used exclusively in farming operations, qualified as a “self‑propelled implement of husbandry” under the Highway Traffic Act.

As such, it was excluded from the definition of motor vehicle and from Ontario’s compulsory automobile insurance regime.

The plaintiff was therefore not barred from suing the negligent driver and his claim for statutory accident benefits was not foreclosed.