The applicant, an Ontario resident, was injured in an ATV accident in British Columbia.
He applied for statutory accident benefits in Ontario.
The insurer denied the claim on the basis that the ATV was not an 'automobile' under the Statutory Accident Benefits Schedule because it was not required to be insured in British Columbia.
The applicant sought judicial review of the FSCO Director's Delegate's decision upholding the denial.
The Divisional Court dismissed the application, finding it was reasonable to apply British Columbia legislation to determine whether the ATV required insurance, and thus the ATV did not meet the definition of an automobile.
