CASE CENTRE · PERSONAL INJURY · SABS / LAT APPEALS

Intact Insurance Company v. Carpenter

2026 ONSC 1443 Divisional Court (Ontario) March 12, 2026
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In short: The Divisional Court allowed an insurer's appeal on procedural fairness grounds: the Licence Appeal Tribunal ruled on an aspect of the legal test the parties had both treated as off the table. The court did not decide whether the vehicle involved was an 'automobile'.

The Facts

In 2020 the claimant, Carpenter, was struck by a Caterpillar wheel loader driving along a municipal road on its way to a snow-clearing job. Carpenter claimed statutory accident benefits from Intact, which refused on the basis that a wheel loader is not an 'automobile', so the event did not qualify as an 'accident' under the Schedule. Before the Licence Appeal Tribunal, both sides proceeded on the footing that the first two parts of the three-part test for what counts as an automobile did not apply; the claimant conceded that a wheel loader is not ordinarily thought of as an automobile, and the argument centred on the third part. The Tribunal nonetheless decided the question under the first part, finding the machine was an automobile because it travelled on roads, had steering, lights and a seatbelt and could reach road speeds. A reconsideration step did not change the outcome, and Intact appealed to the Divisional Court.

What the Court Decided

The Divisional Court allowed Intact's appeal, set aside the original and reconsideration decisions and sent the matter back to the Tribunal for a hearing before a different adjudicator. Its reasoning concerned fairness, not the merits. A tribunal may decline to accept a concession by the parties or choose a different route to the answer, but if it does so it must first tell them and give them a real chance to respond. Here the parties had no notice that the case might turn on the first part of the test, so they never made submissions or called evidence on it. Because the appeal was resolved on that ground, the court left the underlying question — whether a wheel loader is an automobile for SABS purposes — to be answered at the rehearing.

Does This Affect You?

  • ✓You won at the Licence Appeal Tribunal and the insurer is appealing the result.
  • ✓The Tribunal's reasons rely on an issue that neither side argued at the hearing.
  • ✓You want to know when a tribunal decision can be set aside for unfairness without the merits being decided.

Key Takeaways

  1. A tribunal cannot base its decision on a point the parties treated as irrelevant without first giving them notice and a chance to speak to it.
  2. Procedural fairness can succeed as a ground of appeal even where the court says nothing about who is right on the substance.
  3. A win at the Tribunal can be undone on appeal, in which case the claim is usually heard again by a different adjudicator.

Frequently Asked Questions

Can an insurer appeal a Licence Appeal Tribunal decision?
Yes. Either side can appeal to the Divisional Court, normally on a question of law. Denial of procedural fairness is a ground that courts review without deferring to the Tribunal.
Did the court decide that a wheel loader is not an automobile?
No. The court did not resolve that question. It returned the dispute to the Tribunal so that it can be argued and decided fairly by a different adjudicator.