Psychological trauma triggered by viewing a video of the accident scene is not an 'accident'.
The applicant sought statutory accident benefits following a motor vehicle accident.
She claimed psychological injuries triggered by viewing a video of the accident scene, which showed a house where she had previously experienced abuse.
The Tribunal found that viewing the video did not constitute an 'accident' under the Schedule, as it did not arise from the ordinary use or operation of an automobile.
Consequently, her psychological impairments were not accident-related.
The Tribunal also found her physical injuries were predominantly minor and subject to the Minor Injury Guideline.
Claims for income replacement benefits, psychological treatment plans, an award, and interest were dismissed.
OLATOntario Licence Appeal TribunalSep 28, 2023
