This claim arises out of a vehicle attack that occurred in Toronto on April 23, 2018. The claimant, a firefighter, developed psychological impairments after responding to the incident. The insurer denied the application for benefits, arguing that the claimant had not been involved in an accident pursuant to the SABS. The Tribunal agreed with the insurer, finding that the claimant had failed to satisfy both purpose and causation tests. Adjudicator Paluch found that the vehicle which had been used as a weapon had not been operated in a manner consistent with ordinary use. The Tribunal emphasized that when vehicles cease to be used as automobiles, the SABS does not require an insurer to provide coverage. The Tribunal also considered the claimant’s use of the firetruck at the scene but concluded that the causation test had still not been satisfied. The use and operation of the fire truck was not the cause of the claimant’s injuries which had developed due to prolonged exposure to the horrific scene.
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