In Pourkhodayar v. The Personal Insurance Company (Div Court, 2024) the Divisional Court allowed a LAT SABS appeal/JR, here where the applicant "was denied on the basis that she had not been involved in an “accident” as defined in s. 3(1)".
Here the court considers the meaning of 'accident' in this auto insurance context:
The Definition of Accident
[11] For the purposes of this appeal/application, an “accident” is defined in s. 3(1) of the Schedule as an incident in which the use or operation of an automobile directly causes an impairment. An “impairment” is defined in that same section as “a loss or abnormality of a psychological, physiological or anatomical structure or function”.
[12] In Greenhalgh v. ING Halifax Insurance Co. (2004), 2004 CanLII 21045 (ON CA), 72 O.R. (3d) 338 (C.A.), the Court of Appeal for Ontario held there to be a two-part test to determine if there has been an accident as defined: (1) The purpose test: Did the incident arise out of the use or operation of an automobile?; and (2) The causation test: Did the use or operation of an automobile directly cause the impairment?
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