"An all-terrain vehicle (ATV) driven in B.C. does not count as an 'automobile' under Ontario law, the Financial Services Commission of Ontario (FSCO) has determined.
In Alana Bray and ING Insurance Company of Canada, Alana Bray was injured in June 2001 as a result of falling from an ATV she was operating in British Columbia, near the Whistler Ski Resort.
As a dependent of her mother, Bray applied for accident benefits from her mother's insurer, ING Insurance Company of Canada.
ING denied benefits, saying the ATV in B.C. did not fall under the definition of an 'automobile' under Ontario's statutory accident benefits scheme."
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