The appellant, a taxi driver, was assaulted by a passenger after exiting his vehicle to collect a fare.
He applied for statutory accident benefits, which were denied on the basis that the incident was not an 'accident' under s. 3(1) of the Statutory Accident Benefits Schedule.
The Licence Appeal Tribunal upheld the denial, finding the purpose and causation tests were not met.
The Divisional Court dismissed the appeal, holding that the issues raised were questions of mixed fact and law, not extricable errors of law, and the Tribunal made no error in its application of the legal tests.
