Applicant who provided childcare for room and board was not a dependant; vehicle insurer liable.
The applicant was injured in a motor vehicle accident and claimed statutory accident benefits.
A priority dispute arose between the insurer of the vehicle she was in (Simcoe & Erie) and the insurer of her sister and brother-in-law's vehicle (Farmers').
The issue was whether the applicant was a dependant of her sister and brother-in-law, with whom she lived.
The arbitrator found that the applicant provided extensive childcare and household services in exchange for room and board, and also earned part-time income.
Relying on expert economic evidence, the arbitrator concluded that the value of the applicant's services and income significantly exceeded the value of the room and board she received.
Therefore, she was not principally dependent on her relatives, and Simcoe & Erie was liable to pay her benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 21, 1995
