The appeal concerned whether an assault on a taxi driver following a fare dispute qualified as an accident under s. 1 of the Statutory Accident Benefits Schedule.
Applying the purpose test and causation test from Amos, as confirmed in Ontario appellate authority, the court held that the assault was the end product of the commercial relationship created by the taxi ride and that an unbroken line of causation connected the ride to the injuries.
The court agreed that the injuries were caused, at least indirectly, by the use and operation of the taxicab.
The appeal was dismissed with costs.
