Hitting the trails on an all-terrain vehicle or snowmobile is a provincial past time. Thousands of kilometers of trails exist throughout the province of Ontario, not to mention the multiple frozen lakes that are available to a snowmobile enthusiast. Unfortunately, this pleasurable activity often results in significant and even catastrophic injuries. According to the Canadian Health Institute for Health Information, National Trauma Registry Analysis in Brief, for 2004-2005, snowmobile incidents were the #1 cause of winter sports and recreation related injuries treated in a specialized trauma facility. They accounted for 40% of injuries. All-terrain vehicles were the #2 cause of summer sports and recreation-related injuries, representing 25%. All patients admitted to a specialized trauma facility with an injury relating to an ATV had multiple injuries. 100% had head injuries and internal injuries. Those not admitted to a trauma facility often had fractures.

Snowmobile incidents were the number-one cause of winter sports and recreation related injuries They accounted for 40% of injuries.

TRIAL: In Jones v. Ross, Tim Boland went to trial for Mr. Jones, who was an experienced snowmobile operator who suffered a severe fracture to his 2nd lumbar vertebrae, requiring the surgical insertion of rods. He was injured The collision occurred on a winding, hilly, narrow, private road. Mr. Jones collided with an on-coming car in a reverse ‘s-curve’. The defendant Ross denied any liability. The trial judge found the driver Ross to be 75% at fault for driving too quickly, not responding to a Mr. Jones’ warning signal, and occupying too much of the roadway.

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