The claimant appealed the Tribunal’s decision that she was not involved in an “accident” when she slipped on ice while in the process of getting into her vehicle. The claimant also argued that the insurer’s decision to raise that issue more than three years after the accident was procedurally unfair. The Court granted the appeal and ordered a hearing with respect to the disputed benefits. The Court found that the facts of loss supported the conclusion that the claimant was involved in an “accident”. Slipping on black ice while she had the electronic fob in her hand to open and enter her car was part of the use of a motor vehicle. The claimant was close enough to the car that her leg came to rest under the front driver’s side wheel. The Court also noted in its decision that the Tribunal has equitable powers, and can act to prevent an abuse of process. However, the Court found that the Tribunal did not err in allowing the insurer to raise the argument about whether the facts of loss constituted an “accident”.
