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.
The six-year court battle
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.
Beaudin’s lawyers say 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.
Travelers and Beaudin went before the Licence Appeal Tribunal in 2018, where Travelers was successful, but Beaudin appealed and won a year later.
Despite the win, Travelers refused to pay Beaudin the upwards of $1 million his lawyer says is owed and then unsuccessfully appealed to the Divisional Court of Canada. It then went before Ontario’s Court of Appeal in 2022, where the company failed again.
That led Travelers to try the Supreme Court. Cho said if that fails, the company’s court battle is over and Beaudin will finally get his money.
Tribunal says Travelers wasted money and time
Cho said Beaudin should’ve been receiving benefits at this point because of the decision from Ontario’s Court of Appeal but Travelers still refused, arguing there was a stay — effectively a pause — until there was a decision on the leave to appeal to the Supreme Court.
Cho said they had to go back to the Licence Appeal Tribunal to force Travelers to start paying up.
The tribunal’s report from March 30, 2023 called Traveler’s conduct “unreasonable, and even vexatious,” saying the company added “unnecessary steps” and wasted Beaudin’s money.
It said the company is entitled to exhaust all options but cannot detract from a fair and efficient process.
The tribunal issued a cost order — which is only done in exceptional circumstances — of $150.
Cho said Travelers has paid $32,500 per rulings from the Divisional Court and Court of Appeal for things like legal fees, but has yet to pay up substantial money for Beaudin’s benefits.
“He’s a young man injured in the worst possible way who needed care and for six years, he didn’t receive anything … the system didn’t work for Mr. Beaudin,” Cho said.
‘You’ve got to fight to the end’
While he tries not to think about the hypotheticals, Beaudin said he thinks the crash has impacted how much money he makes, his dating life and has taken away his ability to do many of the things he loves.
Cho noted Beaudin had to stop working because of the crash.
But Beaudin said he still enjoys life.
He has a large collection of electric guitars, some signed by Zakk Wylde, best known as Ozzy Osbourne’s lead guitarist.
Beaudin also spends lots of time out fishing for Northern Pike, Muskellunge and Catfish, with one wall in his apartment covered in pictures of all his biggest catches.
He also spends time at a desk in his apartment, building lures.
“I’ve found something that I really enjoy now that fits my lifestyle that helps other people as well,” Beaudin said.
He said he’s hopeful the court will side with him and said the lesson for others is to have insurance and fight for your benefits.
“You’ve got to fight to the end, do what you have to do and hope for the right outcome.”
