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Slip and fall on ice while walking to refuel parked vehicle is not an 'accident' under the Schedule.
The Applicant sought statutory accident benefits after slipping and falling on ice at a gas station while walking around her parked vehicle to refuel it.
The Insurer denied the claim on the basis that the incident was not an 'accident' under the Schedule.
The Arbitrator found that the incident failed both the purpose and causation branches of the two-part test, as the vehicle was turned off, the Applicant had fully disembarked, and the slip and fall on ice was not a risk normally associated with motoring.
The Applicant's estoppel argument was also rejected.
The claim was dismissed.
