The applicant sought statutory accident benefits following the death of her husband in a motor vehicle accident in Somaliland, Africa.
The insurer denied the claim on the basis that the accident occurred outside the territorial limits set out in the Statutory Accident Benefits Schedule.
The applicant argued the legislation was ambiguous regarding accidents outside Canada and the United States and that contra proferentem should apply.
The arbitrator found no ambiguity in the legislation, concluding that the legislature intentionally restricted benefits to accidents occurring in Canada or the United States.
The applicant was therefore precluded from claiming benefits.
