The claimant exited an Uber vehicle, and was attempting to cross Bay Street to take a GO Bus at Toronto’s Union Station when she slipped and fell on Bay Street. She fractured her hip. The claimant applied for accident benefits, which were denied by the insurer on the basis that this incident did not qualify as an “accident” under the Schedule. The claimant argued that this incident qualified as an accident, because but for the actions of the driver in refusing to conduct a U-turn and drop her off in front of Union Station, she would not have sustained her injuries. Vice Chair Maedal held that the incident was not an accident under the Schedule. While Vice Chair Maedal found that the incident arose out of the use or operation of an automobile, he concluded that use of the motor vehicle was not the dominant feature of the incident. Rather, he found that the dominant feature of this incident was the applicant’s slip and fall on Bay Street, and the operation of the uber vehicle was ancillary to her injuries.
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