Mary Grosso

The applicant, a taxicab driver, sought statutory accident benefits after being assaulted by a passenger's companion.

After dropping off passengers and receiving payment, the applicant inadvertently bumped one of the passengers while reversing his taxi.

The passenger's companion then punched the applicant, causing severe injuries.

The arbitrator applied the two-part test to determine if the incident was an 'accident' under the Schedule.

The arbitrator found that the completion of the trip and the criminal assault were intervening acts that broke the chain of causation between the use of the vehicle and the injuries.

Therefore, the incident did not qualify as an accident.

The appellant, a licensed driver, trainer, and owner, appealed penalties imposed by the Judges for conduct violations after he made obscene gestures towards them in full public view.

The Ontario Racing Commission varied the penalties, upholding the $5,000 fine and the forfeiture of $61,140 in purse monies, but immediately reinstating his owner/trainer licenses.

His driver's license remained suspended pending successful completion of an anger management program.