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Unloading windows from a trailer constitutes an accident; applicant not excluded as driver despite lacking licence.
The applicant was injured when heavy windows fell on him while they were being unloaded from a stationary trailer.
The insurer denied statutory accident benefits, arguing the incident was not an "accident" under section 2(1) of the Schedule and that the applicant was excluded under section 30(1)(b) for driving without a valid licence.
The arbitrator found that the unloading of the windows constituted the use and operation of an automobile and directly caused the applicant's injuries, satisfying the definition of an accident.
Furthermore, although the applicant had briefly reversed the trailer into the driveway without a licence, he was not the "driver" at the time of the accident because he did not maintain control over the vehicle.
The preliminary issues were resolved in favour of the applicant.
