Heart attack causing a crash and delayed CPR is not an 'accident' under the Schedule.
The applicant suffered a heart attack while driving, causing him to lose control of his vehicle and crash into a ditch.
The position of the vehicle prevented a bystander from administering immediate CPR, and the resulting delay in medical assistance led to severe neurological impairment.
The applicant sought statutory accident benefits, arguing the incident was an 'accident' under s. 3(1) of the Schedule.
The arbitrator found that while the purpose test was met, the causation test was not.
The heart attack, rather than the use or operation of the vehicle, was the direct cause and dominant feature of the impairment.
The application was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 30, 2015
