Injured During A Fight On A Bus – Not An 'Accident' For The Purposes Of The 'Statutory Accident Benefits Schedule'

A recent Financial Services Commission of Ontario Appeal Decision from Director's Delegate Evans confirms that for the purposes of the Statutory Accident Benefits Schedule, an "accident", is defined as an incident in which the use or operation of an automobile directly causes an impairment.

In Clarke v. TTC Insurance Company Limited, the Applicant, Mr. Clarke, was injured when he got into a fight with a fellow passenger on a Toronto Transit Commission bus.1 At some point during the fight, Mr. Clarke lost his balance and fell down. The incident was videotaped and clearly depicted the incident from several angles. The fight continued for some time, with the two punching each other until Mr. Clarke stumbled backward and fell down. Mr. Clarke claimed that after his fall, his toe came into physical contact with the under seat of the bus. Mr. Clarke alleged that the bus was moving when he fell. He also alleged that the stubbing of his toe when he fell led to the amputation of his lower leg several months later.

At the Preliminary Issue Hearing, the Arbitrator disagreed. The Arbitrator found that the bus was not moving at the time of Mr. Clarke's fall and further, if he was injured, it was because of the fight. She found that the incident did not arise out of the...