Murray N. Ellies, Q.C.

The appellant insurer appealed an arbitration order finding that a child injured in a motor vehicle accident while en ventre sa mere, and subsequently born alive, is an 'insured person' entitled to claim statutory accident benefits.

The Director's Delegate dismissed the appeal, holding that the legislative context and the legal fiction of en ventre sa mere support the conclusion that the child, upon birth, has independent status to claim benefits for his own injuries resulting from the accident.

The applicant sought death and care benefits following the death of her uncle in a motor vehicle accident.

The applicant claimed her uncle was her dependant and that she lost business income while caring for him.

The arbitrator dismissed the claims, finding that the uncle was financially independent and therefore not a dependant under the Schedule.

The arbitrator also found insufficient evidence that the applicant's business lost income as a result of her caregiving duties.

However, the applicant was awarded her arbitration expenses.