The applicant, a truck driver, was injured in a motor vehicle accident while driving his employer's truck.
He applied for statutory accident benefits but was denied by the insurer on the basis that he was in the course of his employment and therefore entitled to Workplace Safety and Insurance Board (WSIB) benefits.
The Tribunal held that the applicant was working at the time of the accident and was entitled to WSIB benefits.
Furthermore, the Tribunal found that the applicant's election to pursue a tort claim was made primarily for the purpose of claiming accident benefits, as he did not have a bona fide intention to commence a tort action at the time of his application.
Consequently, the applicant was statute-barred under s. 61 of the Schedule from proceeding with his application for accident benefits.
