Volume. 7 Issue. 3 – January 25, 2023

This week the Tribunal considers two accidents wherein vehicles struck houses with sufficient force so as to end up inside the house itself. In ‘Truck Impact Destroying Living/Dining Room Not “Accident”’, the Applicant contended that witnessing her kitchen and dining rooms destroyed by a vehicle intrusion caused significant psychological harm.

Similarly, in ‘Psychological Trauma Not “Accidental”’ the Applicant contended having sustained psychological trauma, after witnessing a vehicle post collision in a nearby house being involved in a natural gas explosion/file, destroying multiple houses.

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Kitchen/Dining Room Destruction Following Impact Not “Accident”

Truck Impact Destroying Living/Dining Room Not “Accident” – In 21-012279 v CAA, the Applicant Howes was asleep in her home, when she was awakened after she alleged that a large mirror fell down on her. She discovered after going downstairs that a truck had driven into her home, destroying her entire dining room and kitchen.

While Howes alleges having been physically injured by the mirror falling off of the wall due to the force of the truck’s collision into the house, she submitted that her more significant injuries were of a psychological nature. The trauma from the accident was said to have led to multiple suicide attempts, with diagnoses of post-traumatic stress disorder, somatic symptom disorder with predominant pain, panic disorder and agoraphobia, and major depressive disorder (single episode) with anxious distress. Her doctor also diagnosed her with chronic pain and headaches.

The Tribunal however was not persuaded by arguments contending there to have been a physical injury, as the clinical notes do not reflect any complaints related to the mirror falling on her. Further, as for the diagnosis of chronic pain, the evidence confirmed same as a pre-existing condition. Turning next to the psychological impairments, Tribunal precedents, confirmed by the Court, have confirmed that “a psychological impairment resulting from the aftermath of an accident is not sufficient to support a finding that it arose from the use or operation of a vehicle, when the collision had already occurred prior to the applicant being psychologically impaired.” While acknowledging this to have been “a very scary and traumatizing experience for the applicant”, Howes nonetheless did not see the accident, only the immediate aftermath of same. Therefore, Howes was not involved in an “accident” in accordance with the Schedule.

Natural Gas Explosion Post Collision Not “Accident”

Psychological Trauma Not “Accidental” – In 21-008634 v Intact, the Applicant Gray was in her house when a vehicle struck the house a few doors down. Upon venturing out to see what had happened, she saw that the vehicle was inside the house itself, however she was advised by police to go back “five houses”. She was a few houses down the road when there was a natural gas explosion involving the vehicle, with the explosion and resulting fire destroying multiple houses. Gray alleged that she sustained psychological impairments as a result of the incident. However, the Tribunal found that Gray did not see the accident, witnessing only the immediate aftermath.

While this was recognized as an unexpected and traumatizing experience, jurisprudence nonetheless, as noted in the case above, confirms that Intact “should not be responsible for any impairments that arise out of the aftermath of an accident that has already occurred.” The vehicle so involved was “no longer in use and operation by the time the applicant’s impairments were established. Therefore, she cannot be found to have been in an automobile accident.” Further, reference to the available records, aside from the OCF-3, confirmed there to be “nothing else in the evidence such as clinical notes and records or referrals to a psychiatrist that would substantiate the applicant’s position that she sustained an impairment as a direct result of the accident.”

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