Application for accident benefits dismissed after Tribunal found the collision was intentionally staged.
The applicant sought statutory accident benefits following a collision.
The respondent insurer denied benefits, alleging the collision was a staged accident.
The Licence Appeal Tribunal found that the applicant intentionally positioned his vehicle to be struck by an uninsured driver he knew, noting evidence of prior association, lack of braking, and expert evidence showing the applicant's vehicle was stationary and powered off at the time of impact.
The Tribunal concluded the incident was not an 'accident' under s. 3(1) of the Schedule because purposefully engaging in a collision is not an ordinary and well-known use of an automobile.
The application for benefits was dismissed, and the respondent's request for costs was denied.
OLATOntario Licence Appeal TribunalOct 30, 2024
