Appeal from a private arbitration award concerning a priority dispute between insurers under the Statutory Accident Benefits Schedule following a pedestrian motor vehicle accident involving a minor.
The arbitrator found the injured claimant was not principally dependent for care on the insureds with whom he resided and therefore not a dependent within the meaning of s. 2(6) of the Schedule.
The appellant insurer argued the arbitrator erred in assessing dependency for care and applied the wrong analytical framework.
The court held that the issue involved mixed fact and law attracting a reasonableness standard of review and that the arbitrator’s findings were reasonable.
The claimant’s circumstances showed he largely managed his own needs and finances while paying room and board.
The arbitration award was upheld.
