SABS Benefits For Parked Motorcycle Accident
An Ontario Court of Appeal decision was released this week, and upheld an injured person's entitlement to no-fault benefits. Hourigan J.A. penned the judgment in this case, indexed as Economical Mutual Insurance Company v. Caughy, 2016 ONCA 226 (CanLII). The plaintiff was injured when he tripped on a parked motorcycle in a campground. He sustained a serious spinal cord injury. The support of no-fault insurance is sure to be much needed in such a case. The no-fault insurer, Economical, applied to the court for a declaration that the incident was not an accident. The incident was found to be an "accident" involving a vehicle under s.3(1) of the Statutory Accident Benefits Schedule (SABS), which is "an " incident in " which " the " use " or operation " of " an " automobile directly causes an impairment"¦". If an accident does not meet this definition, there is no entitlement to no-fault benefits. The Court of Appeal applied the test from Amos v. Insurance Corp. of British Columbia,  3 SCR 405, and related jurisprudence, to determine whether the accident was a SABS-qualifying "accident":
- Did the accident result from the ordinary and well-known activities to which automobiles are put?
- Is there some nexus or causal relationship (not necessarily a direct or proximate causal relationship) between the appellant's injuries and the ownership, use or operation of his vehicle, or is the connection between the injuries and the ownership, use or operation of the vehicle merely incidental or fortuitous?
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