If you’re injured in a car accident in Ontario, you’re usually entitled to benefits under the Statutory Accidents Benefits Schedule (SABS). But what counts as an “accident” under these rules? This is what the recent appeal case of Miceli v. TD Insurance (2025 ONSC 496) focused on.
How TD Defines “Accident” Under SABs
Ms. Miceli was sitting in the back seat of her husband’s car in a McDonald’s drive-through. She was handed an extra-large coffee, which spilled onto her hands. Because the coffee was so hot, she dropped it onto her lap and suffered burns.
Ms. Miceli applied for accident benefits from TD Insurance and originally received some. But soon after her claim was denied, TD arguing that her injuries didn’t qualify as an “accident” under the SABS.
TD focused on section 3(1) of the SABS, which defines an accident as an event where the use or operation of a vehicle directly causes an injury. In other words, was the coffee spill considered part of the vehicle’s use?
Ms. Miceli’s MacDonald’s Coffee Tribunal
Following Ms. Miceli’s challenge, the License Appeal Tribunal used a two-part test to determine whether the definition of an accident was satisfactory.
- Did the incident stem from the use of a vehicle?
- Would the injuries have occurred “but for” the vehicle’s use?
Ultimately, it was ruled that the improperly secured lid, not the vehicle’s use, was the leading cause of injury. And because of that, the denial of Ms. Miceli’s claim was upheld.
The Appeal and Ruling of Miceli v. TD Insurance
Ms. Miceli appealed this decision. In this appeal the Division Court agreed that the Tribunal used the correct test, but it criticized how the test was applied. The Tribunal had focused too much on what triggered the incident (the loose lid) but ignored the fact that being inside a moving vehicle, with limited ability to react (due to wearing a seatbelt and being seated), made the situation worse and contributed to her injury.
The appeal worked and the Court sided with Ms. Miceli. The ruling stated that an accidental spill in a drive-through is deemed a fair risk associated with using a vehicle, qualifying it as an accident under section 3(1) of the SABS.
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