Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2010 ONFSCDRS 110
FSCO A08-000962, A08-000964, A08-000965 and A08-000966
BETWEEN:
AMY ANGELA CLAUSE, FLOYD JASON CLAUSE, JR., RACHEL DANIELLE MONTOUR and ASHLEY DIANE MONTOUR, by their litigation guardian, AMY ANGELA CLAUSE
Applicants
and
RBC GENERAL INSURANCE COMPANY
Insurer
DECISION ON A PRELIMINARY ISSUE
Before: Anne L. Sone
Heard: May 13, 2009, in Hamilton, Ontario. Oral submissions were received by telephone on June 23, 2009 and February 5, 2010. Final written submissions were received on June 3, 2010
Appearances: Kelly Buffett for Ms. Clause Aldo Picchetti for RBC General Insurance Company
Issues:
Mr. Floyd Jason Clause, separated spouse of the Applicant, Amy Angela Clause,1 and father of the Applicant, Floyd Jason Clause, Jr. and stepfather of the Applicants, Rachel Danielle Montour and Ashley Diane Montour, (through their litigation guardian, Amy Angela Clause), was killed in an incident on July 23, 2004.
The Applicants applied for, but did not receive statutory accident death benefits from RBC General Insurance Company (“RBC”), pursuant to the Schedule.2 The parties were unable to resolve their disputes through mediation, and the Applicants applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The preliminary issue is:
- Was Mr. Clause fatally injured as a result of an “accident” as defined in section 2(1) of the Schedule?
Result:
- Mr. Clause was not fatally injured as a result of an “accident” as defined in section 2(1) of the Schedule.
Background:
This is a tragic case. Floyd Clause’s parents have an auto scrap yard on their property located on the Six Nations Reserve in Brant