2 total
Application for death benefit dismissed as the applicant was not principally dependent on her late husband.
The applicant sought a $10,000 death benefit under the Statutory Accident Benefits Schedule following the death of her husband in a motor vehicle accident.
The respondent insurer denied the claim on the basis that the applicant was not "principally dependent" on her late husband for financial support.
The Tribunal applied the criteria from Miller v. Safeco, analyzing the applicant's financial situation in the six months prior to the accident.
The Tribunal found that the applicant's own income was sufficient to cover more than 51% of her financial needs, meaning she was not principally dependent on her husband.
The application for the death benefit, along with claims for interest and a special award, was dismissed.
The court awarded reduced partial indemnity costs to a successful defendant in a personal injury action, emphasizing access to justice.
Following an unsuccessful personal injury action where a jury found no negligence on the defendant's part but assessed damages over $300,000, the court rendered a decision on costs.
The defendant sought substantial indemnity costs totaling over $485,000.
The plaintiffs argued for no costs, citing the exceptional "inevitable accident" finding and access to justice principles.
The court awarded the defendant partial indemnity costs from the date of their offer to settle, but significantly reduced the quantum to $184,000, inclusive of fees, HST, and disbursements.
The court declined to award costs against the Family Law Act claimants and limited the award to Katherine Pyatt, emphasizing reasonableness, access to justice, and the specific circumstances of the case.
