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Stay of arbitrator's costs order granted pending appeal of decision denying accident benefits for fire truck fall.
The appellant, a five-year-old child injured after falling from a fire truck at a birthday party, appealed an arbitrator's decision denying her claim for statutory accident benefits.
The arbitrator had found the incident did not meet the definition of an 'accident' because the fire truck was being used for entertainment rather than as a motor vehicle, and awarded costs to the respondent insurer.
The appellant sought a stay of the costs order pending the appeal.
The Director's Delegate granted the stay, finding the appeal was bona fide, had substantive grounds, and that the balance of hardship favoured the appellant.
Falling from a parked fire truck used as a display at a birthday party is not an accident.
The applicant, a five-year-old child, was injured when she fell out of a parked fire truck while attending a birthday party.
She sought statutory accident benefits from the insurer, who denied the claim on the basis that the incident was not an 'accident' under s. 3(1) of the Schedule.
The arbitrator found that the fire truck was being used as a display for entertainment and educational purposes, not as a motor vehicle.
Therefore, the incident did not meet the purpose test for the normal use or operation of an automobile.
The application for accident benefits was dismissed.
Most workplace harassment allegations dismissed for delay, but one timely incident and failure to investigate claim proceed.
The applicant filed a human rights application alleging discrimination and harassment on the basis of sexual solicitation and race by a co-worker, and a failure to investigate by the employer.
The respondents requested a summary hearing to dismiss the application for delay and having no reasonable prospect of success.
The Tribunal found that most of the applicant's allegations were untimely and did not form a 'series of incidents' under section 34(1) of the Code.
However, the Tribunal allowed the allegation regarding an incident on September 21, 2011, and the related failure to investigate claim, to proceed, finding they had a reasonable prospect of success.
Application amended on consent to include race; parties directed to make submissions on delay.
The applicant sought to amend her human rights application to include the ground of race.
The Tribunal granted the amendment on consent.
The Tribunal also noted a potential issue regarding whether the allegations formed a 'series of incidents' and directed the parties to provide written submissions on whether some or all of the application should be dismissed for delay under section 34 of the Human Rights Code.
