This is an appeal from the decision of the motions judge holding that, pursuant to the Ontario rule, the Plaintiff had suffered an impairment as a result of an “accident” as defined in the Ontario Statutory Accident Benefit Schedule. At issue was whether the Plaintiff’s injuries were “directly caused by the use of an automobile”. The Court of Appeal held that they were not.
Greenhalgh v. ING Halifax Insurance Co., [2004] O.J. No. 3485, Ontario Court of Appeal