Economical Mutual Insurance Company v CaughyPosted May 5, 2016
2016 ONCA 226; Lerners acted for the Respondent in this appeal. The action arose out of the injuries sustained by the Respondent from tripping over a motorcycle, and the Appellant insurer’s subsequent denial of accident benefits on the basis that the incident did not meet the definition of “accident” in the Statutory Accident Benefits Schedule. The application judge concluded that the incident did satisfy the test for an “accident” under the SABS. The Court of Appeal dismissed the appeal.