The appellant sought statutory accident benefits after suffering a spinal cord hemorrhage and paraplegia following a stressful incident involving aggressive driving by motorcyclists and her driver.
The Licence Appeal Tribunal denied benefits, finding the incident did not meet the causation test for an 'accident' under the Statutory Accident Benefits Schedule.
On appeal and judicial review, the Divisional Court quashed the decision, finding the Tribunal's analysis of the expert medical evidence unreasonable and its application of the intervening cause and dominant feature tests legally flawed.
The matter was remitted for a fresh hearing.
