On May 25, 2017, we posted a blog entry about the case Dittman v. Aviva, wherein it was determined by the judge that a coffee spill – causing injury to the driver – was in fact an “accident” as contemplated by the applicable auto insurance legislation. The insurance company, Aviva, apprently did not like the decision so it appelaed to a higher court for review. The Ontario Court of Appeal, however, upheld the prior judge’s decision and dismissed the insurance company’s appeal. So a coffee spill at a drive-thru is still an “accident” and entitles a person to Accident Benefits through their auto insurer if they have been injured or impaired due to the coffee spill.
See: Aviva Insurance Company of Canada v. Dittman, 2017 ONCA 617