Appeal dismissed; neck injury sustained while lying intoxicated next to van did not constitute an accident.
The appellant appealed an arbitrator's decision dismissing his claim for statutory accident benefits.
The appellant was found highly intoxicated and lying next to his van, having suffered a neck injury.
He claimed he fell out of the van while using it for camping and sleeping.
The arbitrator rejected his evidence, finding the injury likely resulted from prolonged extreme neck posturing while intoxicated.
On appeal, the Director of Arbitrations upheld the decision, finding no error of law.
The Director held that even if the appellant was using the van for camping, there was no direct connection between the use or operation of the vehicle and the impairment to satisfy the definition of an 'accident' under the SABS-1996.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 4, 2007
