Truck driver's burn injuries from cab heater while sleeping constitute an accident under the Schedule.
The applicant, a truck driver, suffered severe burn injuries to his legs while sleeping in the cab of his parked transport truck with the heater running, ultimately requiring bilateral knee amputations.
The respondent insurer denied statutory accident benefits, arguing the incident did not meet the definition of an 'accident' under section 3(1) of the Schedule.
The Tribunal applied the purpose and causation tests, finding that sleeping in a truck cab and using its built-in heater are ordinary and well-known uses of the vehicle.
The Tribunal rejected the respondent's theories of intervening causes, such as a stroke or a kettle, and concluded the heater was the dominant feature of the injuries.
The Tribunal held the incident was an accident and ordered the matter to proceed to a substantive hearing.
OLATOntario Licence Appeal TribunalJan 2, 2023
