William F. Elkin

The insurer appealed an arbitration decision awarding interest on a dependant's death benefit from 30 days after the initial application, arguing the application was incomplete until supporting documentation was provided years later.

The claimant cross-appealed the denial of a special award.

The Director's Delegate dismissed both appeals, confirming that under the SABS-1996, an application does not need to include all supporting documentation for interest to begin running, and that the arbitrator reasonably found the insurer did not unreasonably withhold benefits given the claimant's delay in providing documentation.

The plaintiff was injured in a motorcycle collision at an intersection and alleged the accident was caused by overgrown brush obscuring a stop sign.

The intersection had been transferred from the Regional Municipality to the City 108 days prior to the accident.

The Region successfully moved for summary judgment on the basis that the transfer of jurisdiction completely extinguished its liability for non-repair.

The Court of Appeal allowed the appeal, holding that the transfer of the road did not instantly absolve the Region of potential liability for prior negligence in maintaining the road, and that factual issues regarding the City's opportunity to inspect and repair required a trial.

The applicant's son was killed in a motorcycle accident.

The applicant applied for a death benefit from the insurer, claiming he was principally dependent on his son for financial support.

The insurer denied the claim, arguing the applicant's own financial resources, including social assistance, were sufficient to meet his needs.

The arbitrator found that the applicant's monthly expenses exceeded his own financial resources and that the deceased son provided the money to make up the shortfall.

The arbitrator concluded the applicant was principally dependent on his son and awarded the $35,000 death benefit, along with interest, but denied a special award.