The plaintiff brought a motion under rule 21.01 seeking a declaration that her injuries constituted an "accident" under s.2(1) of the Statutory Accident Benefits Schedule, thereby entitling her to statutory accident benefits.
The incident occurred when the plaintiff was injured while a taxi driver attempted to move a motorized scooter to transport a passenger to a wheelchair-accessible taxi.
The court applied the two-part test requiring that the injury arise from the use or operation of an automobile and that such use directly cause the impairment.
Although the taxi was being used for its intended purpose, the court held the injury was caused by the driver's handling of the scooter, an intervening act unrelated to the use or operation of the taxi.
The motion for a declaratory order was therefore dismissed.
