The appellant insurer appealed a Licence Appeal Tribunal (LAT) preliminary decision finding that the respondent was a resident of Ontario at the time of his motor vehicle accident in Alberta, and thus an 'insured person' under the Statutory Accident Benefits Schedule.
The respondent had been living and working in Alberta for more than 60 days prior to the accident.
The Divisional Court dismissed the appeal, holding that the LAT reasonably applied a flexible, context-specific test for 'ordinary residence' rather than a strict physical presence test, and that the LAT's weighing of the evidence regarding the respondent's ties to Ontario was reasonable.
