Edward Kim

The applicant sought a $10,000 death benefit following the death of her son, who was struck by a car.

The issue was whether the son, who had a developmental delay and lived independently in a subsidized apartment, was 'principally dependent' on the applicant for financial support or care under the Statutory Accident Benefits Schedule.

The Tribunal found that the son was largely independent, covering most of his expenses through social assistance and employment, and navigating the community with support from various sources.

The application for a death benefit was dismissed.

The applicant sought a $10,000 death benefit from the respondent insurer after their 48-year-old adult child, who had a developmental disability, died following a pedestrian-vehicle collision.

The insurer denied the benefit, arguing the deceased lived independently.

The Tribunal found that the deceased was principally dependent on the applicant for care, as the applicant coordinated support services, provided daily emotional support, and assisted with essential needs like clothing, diet, and transportation.

The Tribunal ordered the insurer to pay the death benefit plus interest.