Golam Kibria is a retired engineer with a mortgage-free home and 20 acres of farmland leased out to tenants. He’s obviously financially comfortable, but is he a dependant of his family when it comes to accident benefits under Ontario’s Insurance Act?
That was the question in Security National Insurance Co. v. The Wawanesa Mutual Insurance Co. Kibria, who came to Canada from Bangladesh in 2006 on a visitor’s visa, is seeking benefits under the Insurance Act after a car struck him on March 29, 2008. According to the act, if he’s a dependant of his family members in Canada, their insurer must pay; if he’s not, the driver’s insurance company is on the hook.
As Superior Court Justice Edward Morgan noted in his ruling last week: “An uninsured victim can claim accident benefits from the insurer of the driver that struck him, whereas a victim who is a ‘dependent’ of an insured person must claim accident benefits from that person’s insurer.”