Angela L. Currie

The respondent pedestrian was injured when she tripped and fell while hurrying to get out of the way of an oncoming fire vehicle that was sounding its siren and travelling in the wrong lane.

The appellant insurer denied statutory accident benefits, arguing the incident did not meet the definition of an 'accident' under the Schedule.

The arbitrator found that the use and operation of the fire vehicle was the direct cause of the respondent's injuries.

On appeal, the Director's Delegate upheld the decision, finding no error of law.

The Delegate concluded that the fire vehicle was the dominant feature setting in motion an unbroken chain of events, satisfying both the purpose and direct causation tests.

The appellant insurer filed a Notice of Appeal from an arbitrator's preliminary decision finding that the respondent was injured in an accident.

The Director's Delegate extended the time for filing both the Notice of Appeal and the Response to Appeal.

The Delegate also allowed the appeal from the preliminary order to proceed, noting that a successful appeal would completely dispose of the proceeding, making it the most efficient and cost-effective approach.

The parties were directed to request an adjournment of the scheduled arbitration hearing.