Burn injuries from a garage fire during vehicle repairs constitute an 'accident' for statutory accident benefits.
The applicant suffered severe burns when gasoline spilled from his taxi's gas tank during repairs at a garage and ignited.
The insurer denied statutory accident benefits, arguing the fire was an independent intervening act that broke the chain of causation from the vehicle's repair.
The arbitrator found that the injuries were directly caused by the use or operation of the vehicle, as the repair process set in motion an unbroken chain of events leading to the fire.
The presence of fire hazards in a garage was considered a normal incident of the risk created by repairing a vehicle.
The applicant was deemed to have been injured in an 'accident' under the Schedule and was awarded expenses for the preliminary hearing.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 3, 2003
