The applicant, a taxi driver, sought statutory accident benefits after being assaulted by a passenger who refused to pay the fare.
The respondent denied the benefits, arguing the incident did not meet the definition of an 'accident' under s. 3(1) of the Schedule.
The Tribunal applied the purpose and causation test, finding that while the incident arose out of the ordinary use of an automobile, the assault was an intervening act that severed the chain of causation.
The application was dismissed as the injuries were not directly caused by the use or operation of the automobile.
