On a statutory appeal from a License Appeal Tribunal reconsideration decision, the insurer challenged a ruling that an injured dirt bike rider was entitled to statutory accident benefits.
The court held there was no legal error in allocating onus to the insurer on the narrow exemption issue and no reversible error in applying the Adams framework.
Interpreting s. 2(1)5 of O. Reg. 863 purposively and contextually, the court agreed that motorcycle-association sponsorship applies to both closed course competitions and rallies, so the exemption did not apply on the record.
Although the reconsideration reasons improperly referenced a document outside the hearing record, the court found no procedural unfairness because that reference did not affect the ultimate analysis.
The appeal and the insurer’s fresh-evidence motion were dismissed, with costs to the respondent.
