The insurer appealed an arbitrator's decision awarding the surviving children of a couple killed in a motor vehicle accident $10,000 each in respect of the death of their mother, in addition to the $10,000 each already paid in respect of their father.
The insurer argued that under the Statutory Accident Benefits Schedule, a person can only be 'principally dependent for financial support' on one person at a time.
The Director of Arbitrations dismissed the appeal, finding that the wording of s. 3(2) allows a child to be a dependant of both parents, entitling them to death benefits for each.
The respondents' cross-appeal for a special award was also dismissed, as the insurer's position was based on a legitimate dispute over statutory interpretation.
