Soukamneuth v. Kent & Essex Mutual Insurance Company: Was the incident an "accident"?

In the case of Soukamneuth v. Kent & Essex Mutual Insurance Company, the Licence Appeal Tribunal (LAT) determined that a victim of a violent carjacking was involved in an “accident” under the Statutory Accident Benefits Schedule. The applicant, Sourigna Soukamneuth, represented by Michael Blois and Tania Fleming, was sitting in his parked vehicle when an armed assailant struck him with a gun and attempted to steal his keys. In a desperate attempt to escape, the applicant put the car in reverse; during this maneuver, his leg was caught between the vehicle and a dumpster, resulting in an above-the-knee amputation.

The insurer denied benefits, arguing the injuries were the result of an assault rather than the “use or operation” of a vehicle. However, Adjudicator Kate Grieves found the incident severable into two phases: an initial assault and a subsequent accident. While the assault initiated the event, the Tribunal ruled that “but for” the operation of the vehicle in reverse, the specific leg injuries would not have occurred.

The Tribunal applied the “purpose” and “causation” tests, concluding that reversing a car is an ordinary activity of an automobile. Despite the respondent’s argument that the assault was an intervening act, the Adjudicator held that the dominant feature of the second phase was the use of the car, which directly caused the impairment. This decision allows the applicant to move forward with his claim for benefits.

This successful result, achieved with the assistance of Tania Fleming and Michael Blois, reinforces that victims may still qualify for accident benefits even when a criminal act precipitates a collision. The Tribunal has ordered a resumption of the case conference to address the substantive benefits in dispute.

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