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The Plaintiffs, Yvonne Moelker, the Property of Lawrence “Larry” Hamel, and Lawrence Hamel’s siblings, Paul, and Louis Hamel, introduced an motion in opposition to the driving force and proprietor of an unidentified automobile, Safety Nationwide Insurance coverage Firm, and the Motor Car Accident Claims Fund. The motion arose out of a September 2019 accident through which Lawrence, a pedestrian, was struck by an unidentified automobile, and died of his accidents one month later.
On the time of the loss, Yvonne was lined underneath a Safety Nationwide car insurance coverage coverage, which included the OPCF44R Household Safety Endorsement (“OPCF44R”). Yvonne, Larry’s Property, and his siblings made a declare with Safety Nationwide for unidentified automobile protection, underneath s. 265 of the Insurance coverage Act, and the OPCF44R. Safety Nationwide denied the declare and introduced a abstract judgment movement arguing that neither Yvonne nor Larry was a “individual insured underneath the contract”, as a result of they weren’t “spouses.”
Subsection 265 (1)(b) of the Insurance coverage Act gives that:
265 (1) Each contract evidenced by a motorized vehicle legal responsibility coverage shall present for cost of all sums that,
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(b) any individual is legally entitled to get well from the proprietor or driver of an uninsured car or unidentified car as damages for bodily harm to or the dying of an individual insured underneath the contract ensuing from an accident involving an car.
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Subsection 265 (2) defines “individual insured underneath the contract” as follows:
265(2) For the needs of this part,
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“individual insured underneath the contract” means
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(c) in respect of a declare for bodily accidents or dying,
(i) any individual whereas an occupant of the insured car,
(ii) the insured and his or her partner and any dependent relative of both,
(A) whereas an occupant of an uninsured car, or
(B) whereas not the occupant of an car or of railway rolling inventory that runs on rails, who’s struck by an uninsured or unidentified car,
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The OPCF44R defines ”insured individual” as follows:
1.6 “insured individual” means
(a) the named insured and his or her partner and any dependent relative of the title insured and his or her partner, whereas
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(iii) not an occupant of an car who’s struck by an car.
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Part 265(1) of the Insurance coverage Act accommodates the next definition of “partner”:
“partner” means both of two individuals who,
(a) are married to one another,
(b) have collectively entered into a wedding that’s voidable or void, in good religion on the a part of the individual asserting a proper underneath this Act, or
(c) should not married to one another and dwell collectively in a marital relationship exterior marriage.
The definition of “partner” within the OPCF44R is barely extra particular:
1.10 Partner means both of two individuals who:
(a) are married to one another;
(b) have collectively entered into a wedding that’s voidable or void, in good religion on the a part of the individual making a declare underneath this coverage; or
(c) have lived collectively in a marital relationship exterior marriage,
(i) constantly for a interval of not lower than three years, or
(ii) in a relationship of some permanence, if they’re the pure or adoptive mother and father of a kid.
On the time of the accident, Yvonne and Larry weren’t, and had by no means been married. That they had been in a long-term relationship for 27 years however lived individually for the final 24. Yvonne and different witnesses gave proof that Yvonne and Larry couldn’t dwell collectively for extended intervals, as a result of Larry had important psychological well being challenges Yvonne testified that she obtained Larry a separate residence particularly in order that they could possibly be collectively, and that this dwelling association assisted them in sustaining their relationship. They nonetheless spent appreciable time collectively, together with throughout Larry’s periodic hospitalizations. Yvonne and different witnesses described Yvonne and Larry as “life companions.”
Safety Nationwide relied on caselaw from the precedence dispute context, particularly, on Intact v Dominion,[1] to argue that “dwelling collectively in a marital relationship” meant residing collectively in the identical dwelling (for a interval of a minimum of three years immediately earlier than the accident). The Plaintiffs maintained the relevant definition “partner” ought to be the expansive definition from the household regulation context. They identified that precedence disputes had been between insurers, overautomated no-fault advantages, and due to this fact didn’t require consideration of the “broader social context of dependency,” which tort bodily harm claims did.
The Court docket held within the Plaintiffs’ favour, citing the differing coverage issues underlying the unidentified motorist and precedence schemes. It acknowledged that within the precedence context, “dwelling collectively in a marital relationship” meant dwelling in the identical dwelling, however famous in household regulation, the strategy was holistic. Within the household context, there have been a number of indicia of “dwelling collectively in a marital relationship”, of which residing in the identical dwelling was however one.
In the end, the Court docket agreed that regardless of an identical wording, the totally different underlying coverage issues within the precedence and unidentified motorist contexts wanted to information the interpretation of “partner”. The correct focus within the unidentified motorist context was social dependency, making a holistic strategy acceptable. Accordingly, although Larry and Yvonne didn’t reside in the identical dwelling, for the aim of unidentified motorist protection, they had been “spouses”.
This case reminds us that we will by no means assume a phrase or phrase all the time means the identical factor in a selected space, i.e., car insurance coverage, and even in several elements of a statute. When decoding statutes, one should all the time learn contextually, and look past formal similarity to the aim behind the regulation.
See McGratten et al. v. Director Motor Vehicle Accident Claims Fund et al, 2023 ONSC 1995
[1] 2020 ONSC 7982
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