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ARTICLE · 25 JULY 2017

No Causation, No Accident

Miller Thomson
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Two recent decisions from the Financial Services Commission of Ontario (FSCO) have dealt with determining whether or not the Applicants were involved in an "accident" as defined in section 3(1)...

CanadaInsurance
Ashleigh Leon
Ashleigh Leon
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Two recent decisions from the Financial Services Commission of Ontario (FSCO) have dealt with determining whether or not the Applicants were involved in an "accident" as defined in section 3(1) of the Statutory Accident Benefits Schedule – Effective September 1, 2010 (SABS). In one case, Miles Stolove was helping a friend move things from a storage facility when one of the large, metal storage facility garage doors fell on him. In the other, Ronalee Porter had been shopping at a nursery, loaded her car with her purchases and was in the process of returning the cart to the corral when an employee came over to take the cart from her. As she turned to go back to her vehicle, with the car fob in her hand, she was caught up in some strapping on the ground and fell. The two arbitrators that heard these cases came to the same conclusion: neither applicant had proven that the injuries they sustained were directly caused by the use or operation of an automobile.

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