The respondent suffered an ischemic stroke caused by a dissection of his left internal carotid artery while playing basketball, resulting in permanent disability.
He claimed a $200,000 benefit under his employer's group accident policy, which covered bodily injury caused by an accident.
The trial judge found that the dissection was likely caused by trauma from the respondent vigorously turning his neck during the game, and that this constituted an 'accident' because the resulting injury was unexpected.
The insurer appealed, arguing the trial judge made palpable and overriding errors in his factual findings and misapplied the law regarding accidental injuries.
The Court of Appeal dismissed the appeal, holding that deliberate acts of ordinary living can constitute an accident and that the circumstantial evidence amply supported the trial judge's findings on causation.
