Appeal from a private arbitrator’s priority decision under the Insurance Act and the Statutory Accident Benefits Schedule.
The arbitrator held that an elderly foreign visitor injured as a pedestrian in Ontario was a dependant of his Canadian family and therefore required to claim statutory accident benefits from their insurer.
The court held that the arbitrator erred in law by focusing on the visitor’s inability to work in Canada due to his visa status while ignoring his substantial assets and ability to support himself in his home country.
The dependency analysis under the SABS requires a holistic assessment of the claimant’s financial resources and ability to be self‑supporting, including the voluntary nature of any alleged dependency.
Because the visitor’s reliance on his family arose solely from his voluntary stay in Canada, he was not their dependant for priority purposes.
