Paralyzed Hamilton motocross racer awaits Supreme Court ruling on insurance claim
CBC
Ripping down the sandy track at Gopher Dunes Park in Norfolk County, Ont., Michael Beaudin was on his motocross bike, determined to cross the finish line as fast as possible.
The Hamilton man, who was 29 during that time qualifying race in 2017, was eager to compete nationally and take home gold.
Beaudin was in the final stretch of the serpentine course when he veered to the right and went airborne.
When he landed, the bike got stuck in a soft spot in the sand, forcing all of that impact onto the bike — and Beaudin.
The crash left him paralyzed from the waist down.
While he has been fighting to regain movement in his lower body he's also been in a six-year court battle, trying to get benefits from Travelers Canada, the company he had comprehensive motor vehicle liability insurance with prior to the accident.
Court documents show Beaudin's dirt bike was not directly insured under the policy but Beaudin applied for statutory accident benefits coverage — a category for insured people involved in an accident.
Peter Cho, a partner with Smitiuch Injury Law who is representing Beaudin, called it "one of the most lengthy, drawn out" cases he's ever seen and says his client, who hasn't been able to work since the crash, should've received benefits ages ago.
Instead, Travelers, which declined to answer questions for this story, has refused to pay up and has asked the Supreme Court of Canada to hear the case. Cho said the Supreme Court is set to release its decision on Thursday.
It has all left Beaudin with one big question — how different might his life be right now if he got his benefits right away to help him recover?
"That is something that crosses my mind really frequently, but you try not to let it bother you," Beaudin said.
A notice of application for leave to appeal to the Supreme Court of Canada dated Jan. 20, 2023 lays out both sides of the case.
Travelers denied Beaudin's claim in 2017, saying he was exempt under Ontario's Off-Road Vehicles Act.
The company says the dirt bike didn't require insurance if he was riding it at a closed course competition sponsored by a motorcycle association.
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