William J. McCorriston

The appellant insurer appealed an arbitration decision finding that the deceased's daughter was entitled to death benefits as a dependant.

The daughter was financially dependent on her mother, who had previously been the common law spouse of the deceased but was no longer his spouse at the time of the accident.

The Director's Delegate allowed the appeal, holding that spousal status must be determined at the time of the accident.

Because the mother was no longer the deceased's spouse at the time of the accident, the daughter could not qualify as a dependant based on her financial dependence on the mother.

The applicant was injured in a motor vehicle accident and received statutory accident benefits from the insurer until they were terminated.

After a partially successful mediation, the applicant commenced a court action against the insurer.

Subsequently, the applicant sought to arbitrate the issue of whether she was an 'insured person' under the policy.

The insurer argued the arbitration should be stayed to avoid a multiplicity of proceedings.

The arbitrator dismissed the arbitration application, finding that the court action began first, was more comprehensive, and would necessarily decide the 'insured person' issue.

The applicant was awarded her expenses for the arbitration as the application was not frivolous.

The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated weekly income benefits.

The applicant sought arbitration for ongoing income benefits and rehabilitation expenses.

The arbitrator found that the applicant's wrist injury prevented him from performing his pre-accident heavy manual labour as a pool installer, entitling him to income benefits up to the 156-week mark.

Furthermore, the arbitrator concluded that the injury continuously prevented the applicant from engaging in any employment for which he was reasonably suited by education, training, or experience, entitling him to post-156 week benefits.

The arbitrator also awarded rehabilitation benefits and arbitration expenses.

The applicant, a pedestrian, was struck by a motor vehicle insured by Economical.

She applied for statutory accident benefits from Wellington under a policy issued to her future husband, claiming she was his spouse at the time of the accident.

The arbitrator found that although the applicant and the named insured had previously cohabited and had children together, they had ceased cohabiting for over a year prior to the accident.

Consequently, the applicant did not meet the definition of 'spouse' under section 224(1) of the Insurance Act at the time of the accident and was not an 'insured person' under the Wellington policy.

Economical was held liable to pay the statutory accident benefits.

The applicant was injured in a motor vehicle accident and received statutory accident benefits for 156 weeks.

The insurer terminated weekly and child care benefits on the basis that the applicant did not meet the stricter post-156 week eligibility test.

The arbitrator found that the applicant's primary debilitating condition, carpal tunnel syndrome, was unrelated to the accident.

The arbitrator concluded that the applicant's accident-related injuries did not continuously prevent her from engaging in substantially all of her normal activities.

The claims for ongoing weekly benefits, child care benefits, and supplementary medical and rehabilitation benefits were dismissed, though the applicant was awarded her arbitration expenses.