A deliberate or staged motor vehicle collision still constitutes an 'accident' under the Statutory Accident Benefits Schedule.
The Applicant sought statutory accident benefits following a motor vehicle collision.
The Insurer denied the claim, arguing the collision was staged and therefore not an 'accident' under the Statutory Accident Benefits Schedule.
The arbitrator accepted expert engineering evidence that the Applicant's vehicle accelerated into the collision without braking, supporting the Insurer's position that the crash was deliberate.
However, applying appellate jurisprudence, the arbitrator held that the statutory definition of 'accident' does not exclude intentional collisions, provided the use or operation of the vehicle directly caused the impairment.
The arbitrator concluded the Applicant was involved in an accident as defined by the Schedule.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 24, 2017