Reconsideration granted in part to correct legal errors, but finding that applicant was not involved in the accident confirmed.
The applicant requested a reconsideration of a preliminary issue decision which found she was not 'involved in' an accident and thus ineligible for accident benefits.
The applicant had witnessed her boyfriend being struck and killed by a vehicle.
The Tribunal found it had erred in law by previously requiring physical contact with a vehicle to be 'involved in' an accident, and by failing to analyze whether her apprehension of being struck constituted involvement.
However, upon reconsideration, the Tribunal confirmed its original decision.
It held that merely witnessing an accident does not constitute being 'involved in' it, and the applicant's medical evidence showed her psychological injuries arose from witnessing her boyfriend's death, not from her own apprehension of being struck.
OLATOntario Licence Appeal TribunalSep 19, 2024
