The Changing Definition of E-Bikes in Ontario: Implications for Safety, Liability, and Litigation

December 03, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Recent recommendations from Ontario’s Chief Coroner are renewing debate over what qualifies as an “e-bike” under provincial law. The Coroner’s Office, supported by local municipal and health experts, has urged the Ontario government to narrow the definition of e-bikes to improve safety and ensure better regulatory enforcement.

This discussion is not just about traffic rules—it raises complex legal issues that affect personal injury claims, insurance coverage, and ethical use of digital evidence in litigation.

What the Coroner’s Report Found

In 2021, the Ottawa Fatal Collision Review Committee investigated several e-bike fatalities. These incidents revealed troubling patterns:

• Many of the involved e-bikes had been modified to exceed legal speed limits.
• Several riders had suspended driver’s licences and used e-bikes as substitutes for motor vehicles.
• Toxicology results showed drugs in the systems of most victims.
   

Under Ontario’s current framework, e-bikes may not exceed speeds of 32 km/h and can weigh up to 120 kilograms. The Coroner’s report recommends cutting that maximum weight to 55 kilograms and creating a new classification for heavier, motorcycle-style models. It also calls for better data collection on e-bike injuries and fatalities across the province.

For personal injury lawyers and insurers, these changes could reshape how collisions involving e-bikes are interpreted and litigated in Ontario courts.

E-Bike Collisions: Implications for Civil Litigation

Defining “Motor Vehicle” Status

Ontario courts have historically distinguished bicycles and e-bikes based on power, speed, and use patterns. If heavier e-bikes begin to require licensing and insurance, future litigation may need to treat these vehicles more like mopeds or motorcycles. That categorization matters—a plaintiff’s accident benefits coverage, statutory deductions, and even liability thresholds may change.

Plaintiff Considerations

Plaintiffs’ counsel representing e-bike riders or motorists should evaluate issues such as device classification, road design, and rider conduct.

Do:

• Conduct early fact investigation into the e-bike’s mechanical modifications and compliance with provincial weight and speed limits.
• Obtain download data (where available) from onboard devices or GPS logs to authenticate speed and direction at impact.
• Counsel clients to preserve purchase records, repair invoices, and photographs to establish the nature of the e-bike.

Don’t:

• Assume that an e-bike automatically qualifies as a bicycle under the Highway Traffic Act—classification can impact both liability and insurance rights.
• Overlook contributory negligence if modifications breach province-wide e-bike standards.

Defence Considerations

For defence counsel, classification and rider behaviour may form the foundation of a liability or coverage defence.

Do:

• Request full disclosure on any mechanical or software modifications as part of discovery planning.
• Explore adverse inference arguments where a plaintiff cannot produce the e-bike or relevant digital records.
• Assess whether a driver’s licence suspension or drug use could affect foreseeability or duty of care.

Don’t:

• Assume existing auto policies cover the incident. Clarify whether the e-bike’s specifications align with a defined “automobile” for coverage purposes.
• Delay expert examination of the device, as physical or digital evidence can degrade quickly.

Social Media Evidence and E-Bike Claims

E-bike litigation increasingly intersects with digital evidence—from helmet camera footage to social media posts documenting the accident scene or injuries. Ontario law permits such evidence if properly authenticated and relevant under the Evidence Act and Rules of Civil Procedure.

Practical guidance for counsel:

• Preserve all digital evidence promptly following the retainer. This includes dashcam footage, text communications, and social posts related to the vehicle or collision.
• During discovery, request production of social media content showing vehicle use or pre-accident activities, but ensure the request is proportionate and privacy compliant.
• Verify authenticity through metadata or witness testimony before attempting to introduce posts or videos at trial.

Privacy and ethics tips:

• Do not access private digital accounts without appropriate consent or production orders.
• Advise clients against deleting or altering any online content once litigation is contemplated

The Evolving Regulatory Landscape

The Chief Coroner’s recommendations highlight uncertainty around e-bike categories and responsibilities on Ontario roads. The Ministry of Transportation continues to review possible definitions, including a separate class for larger, motorcycle-style e-bikes that might require licensing and insurance.

This potential reclassification would realign insurance obligations and could affect how liability is apportioned in mixed-use collisions involving cars, bicycles, and e-bikes. Judges and insurers may soon require evidence about weight, structural design, and mechanical capabilities when assessing claims.

Litigation Planning Strategies

To remain proactive:

• Update intake questionnaires to include details specific to e-bikes (model, weight, power rating, purchase date, and any modifications).
• Anticipate cross-claims among multiple defendants, including manufacturers or distributors of modified vehicles.
• Identify expert witnesses early—accident reconstruction specialists and engineers can help establish whether modifications affected control or compliance.
• Consider whether mediation timing aligns with new regulatory changes that may alter damages or liability interpretations.

Broader Safety and Policy Considerations

The Coroner’s review is not anti-e-bike. The report acknowledges the role e-bikes play in promoting active transportation, reducing emissions, and improving mobility for people with physical limitations. The legal question is how to ensure riders enjoy these benefits safely and lawfully.

As policymakers consider tightening Ontario’s e-bike definitions, practitioners should prepare for a changing evidentiary landscape. Future litigation may require balancing innovation and accessibility with accountability and compliance.

Key Takeaways for Ontario Practitioners

• The classification of e-bikes is likely to evolve, impacting coverage, liability, and admissibility of expert and digital evidence.
• Practitioners must integrate early investigation into e-bike specifications at the intake and discovery stages.
• Clear client guidance on evidence preservation and social media conduct remains essential.
• Legislative and coroner developments directly affect insurance claims, tort priorities, and strategic planning in personal injury law.

E-bike technology and regulation are racing ahead. For Ontario lawyers, adapting early ensures clients stay safe, compliant, and properly represented when the law next catches up with the road.

If you or a loved one is seriously injured in an E-bike accident you should contact one of our highly experienced personal injury lawyers as soon as you can. Don’t face your situation alone – we’ll work with you to secure your future.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.