David Draper

The insurer appealed an arbitration order finding that the insured, a taxi driver, was an employee rather than self-employed at the time of his motor vehicle accident.

The insured paid a flat daily lease rate for his taxi, kept all fares and tips, and reported his earnings as business income.

The Director's Delegate allowed the appeal, holding that the insured was self-employed.

The Delegate found that the arbitrator erred by redefining the employment relationship simply to allow the insured to use the more favourable four-week pre-accident income calculation period available to employees under the Statutory Accident Benefits Schedule.

The insured persons, a husband and wife, were both killed as a result of a motor vehicle accident.

They were survived by three dependent children.

The insurer paid death benefits to the children, including $10,000 to each child under section 11(1)(c) of the No-Fault Benefits Schedule.

The children claimed they were each entitled to $20,000 because they lost both parents.

The arbitrator held that under the plain meaning of section 3(2), the children were dependants of both their father and their mother.

Consequently, they were entitled to collect the $10,000 death benefit in respect of each deceased parent, totalling $20,000 per child.

The claim for a special award against the insurer was dismissed because the insurer's interpretation of the novel issue was arguable.