3 total
Application for accident benefits dismissed as e-bike slip on oil spill did not constitute an accident.
The applicant was injured when he fell off his e-bike after riding over a patch of motor oil on the road.
He sought statutory accident benefits, claiming the oil was spilled during the ordinary use or operation of an automobile.
The Licence Appeal Tribunal found that the applicant failed to establish on a balance of probabilities that the spill originated from an automobile.
As the purpose test was not met, the incident did not qualify as an 'accident' under s. 3(1) of the Schedule, and the application was dismissed.
Application for accident benefits from MVACF dismissed as the visiting applicant was not ordinarily resident in Ontario.
The applicant, a Chinese citizen visiting Ontario, was struck by an unidentified vehicle as a pedestrian and sought statutory accident benefits from the Motor Vehicle Accident Claims Fund (MVACF).
The respondent denied the claim on the basis that the applicant was not ordinarily resident in Ontario at the time of the accident, as required by section 25 of the Motor Vehicle Accident Claims Act.
The Tribunal applied the Thomson residency test and found that the applicant's stay in Ontario was not of a sufficiently permanent nature to establish ordinary residence.
The applicant was in Ontario on a visitor visa, had no Canadian income or bank account, and returned to China shortly after completing an English language course.
The application for benefits was dismissed.
Application for catastrophic impairment dismissed; oral evidence of paramedics regarding unrecorded GCS score rejected as unreliable.
The applicant was injured in a single-vehicle rollover accident and sought a determination that he sustained a catastrophic impairment based on a Glasgow Coma Scale (GCS) score of 9 or less.
The applicant relied on the oral testimony of two paramedics who attended the scene and claimed to have administered a GCS test resulting in a score of 3.
The arbitrator found that the applicant was the passenger found imbedded in the hillside, but rejected the paramedics' evidence that they had administered a GCS test.
The arbitrator concluded that the paramedics likely used the grosser AVPU test for triage and that their recollection of administering a GCS test and assigning a score of 3 almost nine years later without notes was unreliable.
The application was dismissed.
