The claimant appealed and sought judicial review of the Tribunal’s decision that she was not involved in an “accident” as defined in the SABS. The claimant suffered an aneurysm in 2020 incident in which she was in a vehicle that was being pursued and harassed by a group of motorcyclists. There was no collision or contact between any of the vehicles. The aneurysm was caused by intense stress caused by the incident. The aneurysm resulted in a spinal cord hemorrhage, leaving the claimant paraplegic. The Tribunal found that the incident did not qualify as an accident because the causation test was not met. The Court granted the appeal and remitted the matter to the Tribunal for a new hearing. The Court found that the Tribunal’s decision was based on an unreasonable and unfair review of the expert evidence as to the cause of the aneurysm, and the Tribunal improperly relied upon the insurer’s expert. The Tribunal also erred in its analysis of the intervening cause question and dominant feature question.
