Khalif G. Karshe v. Non-Marine Underwriters, Mbrs. of Lloyd's, 2000 ONFSCDRS 225

Neutral Citation: 2000 ONFSCDRS 225

FSCO A99-000855

BETWEEN:

KHALIF G. KARSHE

Applicant

and

NON-MARINE UNDERWRITERS, MBRS. OF LLOYD'S

Insurer

DECISION ON A PRELIMINARY ISSUE

Before:

Lawrence Blackman

Heard:

August 23, 2000, at the Offices of the Financial Services Commission of Ontario in Toronto.

Appearances:

David F. Longley for Mr. Karshe

Michael L. Walter for Non-Marine Underwriters, Mbrs. of Lloyd's

The Applicant, Mr. Khalif G. Karshe, was injured in an incident which occurred on or about April 3, 1998. He applied for statutory accident benefits from Non-Marine Underwriters, Mbrs. of Lloyd's ("Lloyd's"), payable under the 1996 Schedule.¹ Lloyd's denied Mr. Karshe's entitlement to benefits under the 1996 Schedule, arguing that Mr. Karshe had not sustained an impairment as a result of an accident, as the latter term is defined in the 1996 Schedule. The parties were unable to resolve their disputes through mediation and Mr. Karshe applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

Accordingly, the issue in this preliminary issue hearing is:

Was Mr. Karshe involved in an "accident" as defined in subsection 2(1) of the 1996 Schedule?

Mr. Karshe was not involved in an "accident" as defined in subsection 2(1) of the 1996 Schedule.

Evidence:

An Agreed Statement of Facts was filed. The pertinent facts are as follows:

On or about April 3, 1998, at approximately 2:45 a.m., Mr. Karshe picked up two passengers in his taxi-cab. The passengers requested that they be driven to a downtown Toronto location.
On arrival at their destination, passenger #1 gave the Applicant "an old Canadian $100 bill" to pay for the $18 fare. After turning on the interior car light and looking at the bill, the Applicant asked for a different bill due to his concern that the money was not good legal tender. Passenger #1 refused and swore at the Applicant. The agreed facts do not indicate whether the $100 bill was ever returned to passenger #1.
Both passengers exited the taxi and entered the lobby of an adjacent building. The Applicant followed the two individuals into the building lobby, meeting them in front of the elevators, where passenger #2 gave the Applicant two $10 bills. The Applicant gave $2 change to passenger #2.