2 total
Bus striking a raised manhole cover at excessive speed constitutes a collision under the Insurance Act.
The applicant was a passenger on a public transit bus that drove over a raised manhole cover in a construction zone at 57 km/h.
The respondent denied statutory accident benefits, arguing that under s. 268(1.1) of the Insurance Act, no benefits are payable to public transit occupants unless the vehicle collided with another automobile or object.
The Tribunal found that the raised manhole cover constituted 'any other object' and the forceful impact at excessive speed constituted a 'collision.' Therefore, s. 268(1.1) did not preclude the applicant from receiving benefits.
Application for catastrophic impairment benefits dismissed; applicant failed to prove accident caused marked or extreme psychological impairment.
The applicant sought statutory accident benefits after witnessing a fatal bus accident, claiming it caused a catastrophic impairment (schizophrenia).
The respondent denied the benefits, arguing the applicant's condition was pre-existing or prodromal.
The Tribunal found that while the accident may have triggered an acute psychotic episode, the applicant was likely prodromal for years prior and failed to prove he sustained a Class 4 marked or Class 5 extreme impairment in the required spheres of function.
The Tribunal also dismissed claims for attendant care, rehabilitation support worker services, and other expenses, as the applicant's non-catastrophic policy limits were exhausted and the expenses were either not incurred or not reasonable and necessary.
