The appellant, a firefighter who responded to the 2018 Toronto van attack, sought statutory accident benefits for psychological impairments resulting from witnessing the aftermath.
The Licence Appeal Tribunal denied the claim, finding the incident did not meet the definition of an 'accident' under the Statutory Accident Benefits Schedule because the rental van was used as a weapon and the firetruck did not directly cause the injuries.
The Divisional Court dismissed the appeal, holding that the adjudicator made no error of law in applying the purpose and causation tests, and rejected the appellant's Charter argument regarding discrimination against mental injuries.
