Taxi driver assaulted by passenger over fare dispute was not involved in an 'accident' under SABS.
The applicant, a taxi driver, was assaulted by a passenger following a dispute over the fare and subsequently robbed.
He applied for statutory accident benefits.
The insurer denied the claim, arguing the incident was not an 'accident' under the 1996 Statutory Accident Benefits Schedule.
The arbitrator held that while the assault was the end product of a commercial relationship resulting from the use of the automobile as a taxi-cab, the use or operation of the taxi-cab was not the direct cause of the applicant's impairment.
The injuries were caused by a new and independent source (the assault).
Therefore, the applicant was not involved in an 'accident' and is not entitled to benefits.
Khalif G. Karshe v. Non-Marine Underwriters, Mbrs. of Lloyd's, 2000 ONFSCDRS 225