A preliminary issues hearing was held to determine whether the incident the claimant was involved in met the definition of “accident” as defined by s. 3(1) the SABS. The claimant testified that at 1:30 a.m. on the night of the incident he arranged for an Uber driver to pick him up after a staff Christmas party. The Uber ride was cancelled by the driver at 1:57 a.m. The claimant was found laying in a parking lot by two city workers and was taken to the hospital by ambulance at 2:30 a.m. He was in a coma for two days and discharged from the hospital a month later. No bystanders witnessed the mechanism of the injury. Hospital records referred to a slip and fall. Adjudicator Grant found that the claimant was not involved in an “accident” as defined by the SABS as the claimant could not prove that his impairment arose from the use and operation of an automobile.
