B.C. widow successfully challenges ICBC's denial of death benefits
A B.C. widow who was denied spousal benefits after her husband died in a motorcycle crash has successfully challenged the move and the public insurer has been ordered to pay her more than $400,000.
The B.C. Civil Resolution ruled on the dispute Friday, finding that the Insurance Corporation of British Columbia wrongfully denied benefits on the basis that that the woman and her husband were not living together at the time of the fatal accident.
Ghislain Dion died in June of 2022 when he was 50 years old, leaving behind two young children and his wife Gian Dion – who he had been married to since 2014. When Mrs. Dion applied for the $380,000 spousal death benefit it was denied, according to the decision.
“ICBC says Mrs. Dion was not Mr. Dion’s spouse because even though they were legally married, they were not residing together when he died,” tribunal vice-chair Eric Regehr wrote.
“Mrs. Dion says that ICBC’s argument ignores the complexity of her relationship with Mr. Dion. She maintains that they were spouses and that she should receive a spousal death benefit accordingly.”
Disagreement over definition
The decision notes that the legal definition of the term “spouse” at issue in the case was the one contained in B.C.’s Enhanced Accident Benefits Regulation. The legislation defines a spouse as someone “who was married to and residing with the deceased on the date of death, or who lived in a marriage-like relationship with the deceased for at least two years immediately preceding the date of death.”
ICBC, for its part, argued that because Mrs. Dion did not meet all of the criteria in the first definition, she should not be considered a spouse under the second – and less restrictive – definition. Regehr found that these definitions were not mutually exclusive.
“Two people can ‘live with’ each other in a marriage-like relationship without residing in the same place, he wrote, rejecting ICBC’s argument that “the words ‘live with’ have the same effect as ‘resides with.’”
Mrs. Dion submitted evidence that acknowledged she had moved out of the family home in the months before her husband’s death, but said the separation was never meant to be permanent. In support of her claim she provided intimate details about her relationship and evidence that included text messages, photos, video, financial information and statements from family and friends.
What is legal separation?
Legally, the decision explains, a couple does not separate the moment they stop living under the same roof. Nor does someone need to move out of a shared home in order for a couple to be separated.
“Once formed, a marriage-like relationship continues to exist unless and until the spouses separate,” the decision says.
“When determining whether a marriage-like relationship has ended, the court asks whether a spouse has communicated an intention to permanently separate and acted on that intention. The court also considers several factors, including whether the couple continues to reside in the same home, remains sexually intimate, carries on activities in public as a couple, shares financial resources, and shares significant family events.”
In this case, there was no evidence that either Mr. or Mrs. Dion indicated that the separation was meant to be anything other than temporary. In addition, the couple’s relationship remained “marriage like” until Mr. Dion’s death.
“I find that Mr. and Mrs. Dion never separated,” Regehr wrote.
The tribunal’s decision also pointed out that ICBC was legally required to pay out the spousal benefit to Mr. Dion’s children regardless of the outcome of this dispute and that the insurer had “no financial stake” in the outcome.
In addition to the $380,000 spousal benefit, the insurer was ordered to pay Mrs. Dion $27,084.11 in pre-judgment interest and $125 in tribunal fees.
CTVNews.ca Top Stories
DEVELOPING Live updates as Stormy Daniels testifies at Trump hush money trial
Adult film star Stormy Daniels will take the stand a second time Thursday as former U.S. president Donald Trump’s hush money case continues in Manhattan. Follow live updates here.
BREAKING Sheldon Keefe out as head coach of Toronto Maple Leafs
The Toronto Maple Leafs have fired head coach Sheldon Keefe. The team made the announcement Thursday after the Original Six franchise lost to the Boston Bruins in seven games in the first round of the Stanley Cup playoffs.
Bank of Canada says financial system is stable, but risks remain
The Bank of Canada says the Canadian financial system is stable, but risks remain due to debt servicing costs among households and businesses and stretched valuations of financial assets.
Why these immigrants to Canada say they're thinking about leaving, or have already moved on
For some immigrants, their dreams of permanently settling in Canada have taken an unexpected twist.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
Torchbearers in Marseille kick off the Olympic flame's journey across France
Torchbearers carried the Olympic flame through the streets of France's southern port city of Marseille on Thursday, a day after it arrived on a majestic three-mast ship for a welcoming ceremony.
Capital gains tax change 'shortsighted' and 'sows division' business groups tell Freeland
Forging ahead with increasing Canada's capital gains inclusion rate 'sows division,' and is a 'shortsighted' way to improve the deficit, business groups are warning Finance Minister Chrystia Freeland.
Court to hear about search for remains as Winnipeg murder trial enters second day
A courtroom in Winnipeg is expected to hear testimony today about the search for the remains of the four victims of Jeremy Skibicki.
Ontario man frustrated after $3,500 paving job leaves driveway in shambles
An Ontario man considering having his driveway paved received a quote from a company for $7,000, but then, another paver in the neighbourhood knocked on his door and offered half that rate.