Unwitnessed fall from ladder deemed a motor vehicle accident based on forensic engineering evidence.
The applicant fell from a ladder while installing security cameras and sought statutory accident benefits, claiming a vehicle struck his ladder.
The insurer argued it was a simple slip and fall.
With no witnesses and the applicant unable to remember the fall, the applicant relied on a forensic engineering expert who concluded the ladder's damage was caused by a vehicle's trailer hitch.
The arbitrator accepted the expert evidence, noting the insurer provided no rebuttal report, and found the incident met the definition of an 'accident' under Section 3(1) of the Schedule.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 24, 2017
