A person injured while riding in a golf cart may be entitled to no-fault benefits under her automobile insurance policy

Insured was entitled to no-fault benefits under the Manitoba Public Insurance Corporation Act following an accident involving a golf cart.

Hruska v. Bridges Golf Club Ltd. (c.o.b. Bridges Golf Course), [2010] M.J. No. 257, August 18, 2010, Manitoba Court of Queen’s Bench, B.L. Keyser J.

The Plaintiff Insured was a passenger in a golf cart driven by a third party along a golf cart path on the premises of the Defendant Bridges Golf Course. As the golf cart was being operated, the Insured suffered an injury to his right leg. He started a claim against Bridges Golf Course alleging negligence. The Defendants denied any responsibility and claimed that the Insured’s injury was covered by Part II of The Manitoba Public Insurance Corporation Act, C.C.S.M., c. P215 (the “MPIC Act”).

The Court found that the bodily injury to the Insured was caused by an accident involving an automobile as defined in Part II of the MPIC Act. The Court therefore held that the Insured’s Action against Bridges was statute barred in tort as he was entitled to no fault compensatory benefits under the MPIC Act.

This case was digested by Cameron B. Elder of Harper Grey LLP.

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