Where an insurer contends that a motor vehicle collision was not an 'accident' because the insured deliberately caused it (suicide), the onus lies on the party asserting the claim to establish that the collision was an accident. The Court of Appeal will conduct its own independent assessment of the evidence and inferences, giving due weight to the trial judge's conclusions but not shrinking from its own assessment. Psychiatric opinion evidence based on risk factors and assumptions of fact that are not established by the evidence may be given little or no weight.
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