The Supreme Court of Canada said Thursday it won’t let Travelers Insurance Company of Canada explain why it has refused to pay benefits to a Hamilton motocross racer paralyzed during a race in 2017, effectively siding with the racer and ending a six-year court battle.
“When I heard the news, I closed my eyes and it felt like a ton of bricks had been lifted off my shoulders,” Michael Beaudin, the former racer, told CBC Hamilton.
Beaudin became paralyzed from the waist down six years ago during a national time qualifying race in Gopher Dunes Park in Norfolk County, Ont.
Peter Cho, a partner with Smitiuch Injury Law who is representing Beaudin, said his client is owed up to $1 million in medical and rehabilitation benefits.
But Travelers, Beaudin’s automobile insurance company, denied him statutory accident benefits he tried to claim through his comprehensive motor vehicle liability insurance.
The company declined to comment on the case when approached by CBC Hamilton.
‘Big win’ for people who get in accidents
Travelers said the dirt bike didn’t require insurance if he was riding it at a closed course competition sponsored by a motorcycle association.
Beaudin’s lawyers said the insurance company needs to pay up because the event was sanctioned, not sponsored, by the Canadian Motorsport Racing Corporation.
The lawyers also state the corporation isn’t a motorcycle association.
The case went through the Licence Appeal Tribunal, Divisional Court of Canada and Ontario’s Court of Appeal, with Travelers losing in each court.
Travelers applied for leave to appeal from the judgment of the Court of Appeal for Ontario, but the Supreme Court dismissed the application on Thursday.
“We’re on Cloud 9,” Cho said. “It couldn’t have happened to a nicer guy and finally he is receiving the much-needed treatment and care.”
Neil Wilson, a partner at Stevenson Whelton LLP who acted as Beaudin’s appeal lawyer, said the Supreme Court’s decision is a win for people who were injured in accidents.
“The purpose of the law is … to protect accident victims.”
Cho and Wilson said the next step is getting Beaudin his benefits and a treatment team set up.
Beaudin said he plans on celebrating by smoking a “big fat joint” and eating dinner with family.
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