The claimant appealed the Tribunal’s decision that he was not involved in an accident. He had been driving an Uber and asked his passengers to leave due to unruly behaviour. After getting out the vehicle, a passenger struck the vehicle. The claimant sped away. He alleged suffering emotional and psychological injuries due to the incident. He also alleged striking his knee on the steering wheel when driving away. The Court held that the Tribunal did not make an error of law. The Tribunal applied the purpose test and concluded that the claimant’s injuries did not arise from the ordinary and well-known activities to which automobiles are put. The Tribunal also made findings of fact that the claimant’s psychological injuries arose from the altercation with the passengers rather than the use and operation of a vehicle. The Tribunal also held that even if the purpose test had been met, the causation test would not have been met. Finally, the Tribunal held that the claimant did not sustain a physical injury when leaving the scene. The Court held that the Tribunal’s application of the purpose and causation tests were correct, and that the Tribunal’s findings of fact were not subject to appeal.
