Duncan Macgillivray

The respondent became quadriplegic after diving off the tailgate of a parked pickup truck into shallow water.

She applied for statutory accident benefits, and an arbitrator initially found the incident constituted an 'accident' under the SABS.

The insurer appealed.

The Director's Delegate allowed the appeal, applying the Supreme Court's reasoning in Vytlingam to find that using a truck as a diving platform is an aberrant use, not an ordinary and well-known activity to which automobiles are put.

Consequently, the incident did not meet the purpose test and was not an accident, disentitling the respondent to benefits.

The Applicant was rendered a quadriplegic after jumping into a shallow lake from the tailgate of a parked pick-up truck during a late-night social gathering.

She applied for statutory accident benefits, but the Insurer denied the claim, arguing the incident did not meet the definition of an "accident" under the Schedule.

The Arbitrator applied the Amos two-part test and found that using the truck bed for recreational "tailgating" and disembarking from it into the water constituted an ordinary use of the vehicle.

Furthermore, the Arbitrator concluded that disembarking from the truck was a direct cause of the Applicant's injuries with no intervening acts.

The Arbitrator ruled that the incident was an accident and the Applicant was entitled to claim benefits.