The appellant appealed a Small Claims Court decision dismissing her action for property damage to her parked vehicle.
The lower court had struck the claim on the basis that it was statute-barred under section 263 of the Insurance Act.
The Divisional Court allowed the appeal, finding that the respondent was operating a backhoe at the time of the incident.
Applying binding appellate authority, the court held that a backhoe is not an 'automobile' within the meaning of section 224(1) of the Insurance Act.
The matter was remitted to the Small Claims Court for a determination on the merits.
