The appellant insurer appealed an arbitration decision finding that the deceased's daughter was entitled to death benefits as a dependant.
The daughter was financially dependent on her mother, who had previously been the common law spouse of the deceased but was no longer his spouse at the time of the accident.
The Director's Delegate allowed the appeal, holding that spousal status must be determined at the time of the accident.
Because the mother was no longer the deceased's spouse at the time of the accident, the daughter could not qualify as a dependant based on her financial dependence on the mother.
