Keep it on Two Electric Wheels – Court Rules No Section B Entitlement for Users of Private E-Scooters

Anyone who has recently spent time on sidewalks or pathways in Alberta cities has likely encountered someone riding an electric scooter (“E-Scooter”). E-Scooters cannot be registered or insured as a motor vehicle in Alberta. As a result, the proliferation of E-Scooters raises significant insurance considerations in the event of personal injury.

In the recent decision Le Prieur v Aviva Insurance Company of Canada, 2026 ABKB 452 (“Le Prieur”), the Alberta Court of King’s Bench assessed whether users of private uninsured E-Scooters are entitled to Section B benefits under the Alberta standard form automobile policy. In this case, Mr. Le Prieur was riding his personal E-Scooter in a downtown Edmonton bike lane. A minivan commenced a right-hand turn across the bike lane into an alleyway. Mr. Le Prieur and the minivan collided (the “Collision”). Mr. Le Prieur sustained injuries and sought access to Section B benefits pursuant to the automobile policy that insured the Minivan.

The penultimate question before the Court was whether an E-Scooter is considered an “automobile” for the purpose of Section B of the policy. If the E-Scooter fell within the definition of an automobile, Mr. Le Prieur would not be entitled to access Section B benefits. But if the E-Scooter did not fall within the definition of automobile, Mr. Le Prieur would be provided Section B benefits.

Section B Coverage

Alberta’s standard form automobile insurance policy provides Section B benefits. Section B coverage provides limited, basic coverage for medical expenses and income replacement without regard to who is at fault for an accident. Coverage is afforded to insured persons, which includes, amongst others, any person struck by an insured vehicle who is not the “occupant of an automobile” at the time of the accident. An automobile is defined by the Insurance Act, RSA 2000, c I-3, to include self-propelled vehicles. The parties in Le Prieur agreed the E-Scooter was self-propelled.

The Traffic Safety Act, RSA 2000, c T-6, defines vehicle to include any device that allows for persons or things to be transported on highways, which includes public roads and sidewalks, but excludes mobility aids. Notably, the Traffic Safety Act prohibits miniature motor vehicles from being driven on highways.[1] The parties in Le Prieur agreed that the E-Scooter is a miniature motor vehicle.

To Provide Section B Coverage or Not

The Court in Le Prieur was required to proceed through a winding contractual and statutory interpretation exercise to determine whether Mr. Le Prieur was an occupant of an automobile at the time of the Collision. Mr. Le Prieur advocated for a narrow interpretation of the meaning of “automobile” within the Insurance Act. He submitted that users of powered micro-mobility devices (including E-Scooters) and mobility aids should be treated as pedestrians due to the legislature’s intent to have Section B coverage accessible for a broad group of people. To find otherwise would create an undesirable insurance gap.

The Court disagreed and concluded that the definition of “automobile” from the Insurance Act applied to the policy and includes all self-propelled vehicles. An E-Scooter was determined to be a vehicle. The Court emphasized that the Supreme Court of Canada had previously held that a motorcycle was a self-propelled vehicle under an earlier version of the Insurance Act and relied on the parties’ agreement that the E-Scooter was self-propelled. Further to the agreement that the E-Scooter was a miniature motor vehicle, the Court noted that Mr. Le Prieur’s privately owned E-Scooter was not permitted on the road when the Collision occurred.

So, the interpretation and language of Alberta’s standard form automobile policy was found to be clear and unambiguous – the E-Scooter falls within the definition of automobile within the Insurance Act and is a prohibited miniature motor vehicle that was not permitted on the road. As a result, Mr. Le Prieur was not entitled to receive benefits pursuant to Section B of the policy, and the insurer’s application for summary dismissal of his claim was successful.

Implications/Key Points

E-Scooters are capable of high speeds. A collision at high speed can  result in significant consequences for the rider. It is important for E-Scooter users to understand what insurance coverage is available to them. The Court’s ruling in Le Prieur makes clear that:

• The definition of “automobile” in the Insurance Act includes private E‑Scooters as they are self-propelled vehicles.
• The definition of “vehicle” in the Traffic Safety Act includes private E‑Scooters as they are structures on wheels used to carry persons or goods, or both.
• An E-Scooter is a miniature motor vehicle prohibited from operating on roads or sidewalks in Alberta.
• Under standard Alberta automobile insurance policies, Section B coverage is generally not available to operators of private E-Scooters.
• Section B coverage may be available to users of “mobility aids,” such as a powered wheelchair, on roads or sidewalks in Alberta.

The experienced members of McLennan Ross’ Insurance Law Group are available to assist you with any coverage or tort questions arising from the usage of E‑Scooters or other devices. If you have any questions or concerns about insurance matters, please do not hesitate to contact the writers or other members of the McLennan Ross Insurance Law Group.