Definition of Automobile:

Leading case is Adams v Pineland Amusements Ltd., 2007 CarswellOnt 7800 (C.A.)

Three part test:

• Is the vehicle an "automobile" in ordinary parlance;
• If not, then is the vehicle defined as an automobile in the wording of the insurance policy; and
• If not, then does the vehicle fall within the enlarged definition of "automobile" in any relevant statute.

If any of these questions are answered in the affirmative, the then vehicle is insurable under the Standard Ontario Automobile insurance policy (OAP 1);

The Insurance Act defines an "automobile" as including a motor vehicle which is required to be insured under a motor vehicle liability policy and a vehicle prescribed by regulation to be an automobile;

Acts which require insurance under motor vehicle liability policies:

• Compulsory Automobile Insurance Act (cars, trucks etc.)
• Motorized Snow Vehicle Act (snowmobiles);
• Off-Road Vehicles Act (complex definition but generally covers some ATVS and dirt bikes)

There is no regulation under the Insurance Act

For more information, please contact:

Stephen Moore
Blaney McMurtry LLP
Toronto