An insurer brought an application seeking a declaration that the respondent’s injuries did not arise from an “accident” within the meaning of s. 3(1) of the Statutory Accident Benefits Schedule.
The respondent had tripped over a motorcycle that had been temporarily parked in a pedestrian walkway at a campsite and sustained serious spinal injuries.
Applying the two‑part purpose and causation test from Amos and subsequent Ontario Court of Appeal jurisprudence, the court held that the temporary parking of the motorcycle constituted the use or operation of an automobile.
The motorcycle’s placement in the walkway was found to be the dominant feature causing the injuries and created an unbroken chain of causation.
The court declared that the incident was an “accident” under the SABs.
