Arbitrator finds unwitnessed severe injuries were caused by a motor vehicle collision, not an assault.
The applicant was found severely injured in a driveway between two houses with no memory of the incident.
He claimed statutory accident benefits, alleging he was struck by a motor vehicle.
The insurer denied the claim, arguing the injuries resulted from an assault.
After hearing extensive medical expert testimony regarding the pattern and severity of the injuries, the arbitrator concluded on a balance of probabilities that the injuries were consistent with a pedestrian-automobile collision and ruled that the applicant was involved in an 'accident' under the Schedule.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 24, 2006
