The appeal concerned whether an assault on a taxi driver by passengers following a fare dispute constituted an "accident" under s. 1 of the Statutory Accident Benefits Schedule.
Applying the Amos purpose and causation test, as confirmed for the SABS context by prior appellate authority, the court held that the assault was the end product of the commercial relationship created by the taxi ride and that an unbroken chain of causation linked the use and operation of the taxi to the injuries.
The motions judge's factual findings were upheld.
The appeal was dismissed with costs.
