On June 18, 2023, the Applicant was a passenger in an Uber vehicle on her way to work along with one additional passenger. The Applicant claimed the other passenger in the vehicle became aggressive with her and proceeded to slap her, direct racial slurs at her, and kick the Applicant as she exited the vehicle. The Applicant claimed to have sustained psychological injuries from the incident. Despite the finding that the injuries resulted from an incident that occurred in a vehicle, the Respondent successfully argued that the Applicant did not satisfy the causation test as articulated in Economical Mutual Insurance Company v. Caughy, 2016 ONCA 226 (CanLII). As such, the Arbitrator determined that this did not amount to an “accident” as defined in section 3(1) of the Statutory Accident Benefits Schedule. The application was subsequently dismissed.
Kaur v Definity Insurance Company, 2025 CanLII 111727 (ON LAT)
