The Applicant was seriously injured in a motor vehicle accident while a passenger in a vehicle driven by an unauthorized driver.
The Insurer denied statutory accident benefits, arguing the Applicant knew or ought reasonably to have known the driver lacked the owner's consent under section 17(3)(b) of the Statutory Accident Benefits Schedule.
The arbitrator found no evidence that the Applicant, who was highly intoxicated and suffered a severe head injury, knew or ought reasonably to have known the driver lacked consent.
The exclusion did not apply, and the Applicant was entitled to his arbitration expenses.
