The applicant, a 7-year-old child with cerebral palsy, was abandoned on a school bus for approximately two hours after the driver deviated from the route and parked at her own home.
The applicant suffered psychological injuries and claimed statutory accident benefits.
The respondent insurer brought a preliminary motion arguing the incident did not meet the definition of an 'accident' under the Schedule.
The Tribunal applied the two-part purpose and causation test, finding that the bus was being used for its ordinary purpose of transporting a disabled child to school, and that the use and operation of the bus was the direct cause of the injuries without any intervening act.
The respondent's motion was dismissed.
