What is the definition of an accident and what is the effect of it?

Saskatchewan, Canada


The following excerpt is from Greenway v. Saskatchewan Government Insurance Office, 1967 CanLII 404 (SK QB):

In Sklar v. Sask. Govt. Insur. Office, supra, the insured was found dead in his car, which was immobilized in a snowbank. When attempts to free the car failed the insured stayed in the car and died from carbon monoxide poisoning; The question to be determined was whether the insured came to his death as a result of bodily injuries sustained by him directly and independently of all other causes through accidental means. Sirois, J., having reviewed a number of, authorities and references dealing with the definition of the word “accident” or “accidental,” then applied his determination of the word “accident” as follows, at p. 282: “The act of getting stuck is certainly an unlooked-for mishap, an untoward event which is not expected or designed, something fortuitous and unexpected, something brought about by chance. People do not as a rule get stuck on purpose for it is at all times a most frustrating experience. The insured “suffered an accident through getting stuck in a snowbank. * * *.”

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