Edwards R.S.J.

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.

The insurer appealed a Licence Appeal Tribunal decision finding that the insured's claim for income replacement benefits was not statute-barred, as the termination letter was not clear and unequivocal.

The insured cross-appealed the dismissal of her claim for post-104 week income replacement benefits, arguing the adjudicator failed to consider whether alternative employment was comparable in status and reward.

The Divisional Court dismissed both appeals, holding that the limitation issue was a question of mixed fact and law not subject to appeal, and that the post-104 test under the Schedule does not require alternative employment to be comparable in status and reward.