As winter approaches in Ontario, parking lots, walkways, and driveways are often covered in snow and ice. These conditions can increase the risk of slips and falls, particularly in areas where vehicles are parked or being used.
When a person is injured in a motor vehicle collision on icy roads, they generally have access to statutory accident benefits through their automobile insurer. These benefits may include income replacement, medical and rehabilitation expenses, attendant care, or non-earner benefits. A more difficult question arises when someone slips and falls on ice while walking toward their vehicle, entering or exiting it, or performing a task connected to its use. In those situations, entitlement to accident benefits is possible, but not automatic.
Statutory Accident Benefits Schedule: Who May Qualify
The Statutory Accident Benefits Schedule (SABS) provides that an individual may be entitled to accident benefits if they sustain an impairment as a result of an automobile accident. The SABS defines an “accident” as an incident in which the use or operation of an automobile directly causes the impairment.
The Two-Part Test for Determining an “Accident”
Courts and adjudicators apply a two-part test to determine whether an incident qualifies as an “accident” under the SABS.
The first stage, known as the purpose test, considers whether the incident arose out of the use or operation of an automobile. This involves assessing whether the activity was one of the ordinary and well-known uses of a motor vehicle, such as entering, exiting, or performing routine tasks connected to its operation.
The second stage, the causation test, examines whether the use or operation of the automobile directly caused the impairment. At this stage, decision-makers consider:
- whether the injury would have occurred “but for” the use or operation of the automobile;
- whether there was an intervening act that cannot be considered part of the ordinary course of using or operating a vehicle; and
- whether the use or operation of the automobile was the dominant feature of the incident.
Recent LAT Decisions Involving Slips and Falls
Recent decisions from the Licence Appeal Tribunal (LAT) and the Ontario Superior Court of Justice have examined whether slips and falls on ice can qualify as “accidents” under the SABS. These decisions show that outcomes are highly dependent on the specific facts of each case.
In Davis v Aviva, 2024 ONSC 3054, the claimant slipped and fell on black ice in a parking lot while walking toward her vehicle with her electronic key fob in hand. Although her insurer initially paid accident benefits, it later denied entitlement and the matter proceeded to the LAT.
Judicial Guidance on Proximity and Vehicle Use
The LAT initially concluded that the claimant was not involved in an “accident,” finding that the ice constituted an intervening cause unrelated to the use or operation of the vehicle. That decision was upheld on reconsideration. However, on appeal, the Divisional Court overturned the LAT’s ruling.
The Court determined that the presence of black ice did not break the chain of causation. Because the claimant was actively using her key fob to access her vehicle and was in close physical proximity to it, the incident was sufficiently connected to the use of the automobile. The Court noted that she was on the verge of completing her entry into the vehicle when she fell, and that her leg came to rest beneath the driver’s-side front wheel.
Another Example: Vehicle Cleaning and Ice-Related Falls
A similar analysis was applied in Jeanneault v Jevco Insurance, 2024 CanLII 72666 (LAT). In that case, the claimant slipped on ice while cleaning her vehicle’s windows at a gas station. The LAT found that washing a vehicle’s windows is an ordinary and well-known activity connected to the use of an automobile.
The adjudicator concluded that the causation test was met because the claimant was actively engaged in cleaning her vehicle, was holding a squeegee, and was in close proximity to the vehicle when she fell. The slip and fall was not considered an intervening act, and the incident qualified as an “accident” under the SABS.
What These Decisions Mean for Accident Benefits Claims
Recent LAT and court decisions suggest that a slip and fall may qualify as an “accident” under the SABS when it occurs in close proximity to a vehicle and during an activity directly connected to its use, such as unlocking, entering, exiting, or maintaining the vehicle. Physical contact with the vehicle or evidence that the individual was about to complete such an activity may also be relevant.
Because entitlement to accident benefits depends on the specific facts of each case, individuals injured in these circumstances may wish to seek legal advice to better understand how the SABS applies to their situation.