The claimant was assaulted when he exited his vehicle while attempting to park. A written preliminary issues hearing was held to determine whether the claimant was involved in an accident as defined in s. 3(1) of the SABS. The claimant submitted that he was assaulted when he initially exited his vehicle to speak to people who were behind the vehicle, and was assaulted again as he tried to re-enter his vehicle, and was thrown against the vehicle. The insurer conceded that the incident met the purpose test but not the causation test, and argued it was not an “accident” under the SABS. The claimant made submissions but did not put forward any evidence in the written hearing. Vice Chair Farlam found that the claimant’s alleged injuries were not caused by the use or operation of his vehicle because the claimant did not provide any evidence to meet his burden of proof. The evidence filed by the insurer made it clear that the assault on the claimant was an intervening event that caused the alleged impairment. The applicant did not meet his onus to establish that the incident met the causation test. Vice Chair Farlam found that the claimant was not involved in an accident as defined by the SABS. The application was dismissed.
