The claimant, a 15-year-old minor, was travelling as a passenger on a school bus for children with special needs, when she was attacked by another student on the bus. The claimant applied for accident benefits, and the insurer argued that the claimant was not involved in an “accident” under the SABS. The LAT agreed with the insurer. The respondent conceded that the claim met the “purpose test” as transporting children in a school bus is part of the ordinary and well-known activities of a vehicle. However, the respondent insurer argued that the claim did not meet the “causation test”. The LAT found that the assault on the claimant was the sole cause of the claimant’s injuries and this had nothing to do with the operation of the school bus. The LAT found that the assault was an intervening act that broke the chain of causation and that this assault was not a foreseeable risk related to the operation of the bus.
