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
4th Indian national arrested, charged with murder of Hardeep Singh Nijjar
Homicide investigators in B.C. say murder charges have been laid against a fourth Indian national in connection to the killing of Sikh activist Hardeep Singh Nijjar outside a Surrey gurdwara last year.
'I am angry': Alberta farmers will continue fight over world class motorsport resort
The rolling hills leading to the hamlet of Rosebud are dotted with sprawling farms and cattle pastures -- and a sign sporting a simple message: No Race Track.
Man ticketed after allegedly trespassing again at Drake's Bridle Path mansion to get his bike
A man who tried to access Drake’s Bridle Path mansion earlier this week returned to the property Saturday and was apprehended again for allegedly trespassing, Toronto police say.
Couple randomly attacked, 1 stabbed, by group of teens in Toronto, police say
A man has been transported to hospital after police say he was stabbed in a random attack carried out by a group of teens in Toronto on Friday night.
Millions of Canadians have been exposed to potentially toxic chemicals, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
Biden calls Trump 'unhinged,' says 'something snapped' in former president after he lost 2020 U.S. election
U.S. President Joe Biden on Saturday called Donald Trump “clearly unhinged” and claimed that “something snapped” in the former president after he lost the 2020 election.
Wildfire that forced evacuation of Fort Nelson, B.C., caused by tree falling on wires, mayor says
The wildfire that prompted the evacuation of more than 3,000 people near Fort Nelson, B.C., was caused by a tree falling on wires, according to the municipality's mayor.
Switzerland's Nemo wins 68th Eurovision Song Contest
Swiss singer Nemo won the 68th Eurovision Song Contest on Saturday night with 'The Code,' an operatic ode to the singer’s journey toward embracing their nongender identity.
IN PICTURES Northern lights dance across the night sky in southern Ont.
From London, to Grand Bend, Collingwood and Guelph, here are some highlights of Friday night and Saturday morning's northern lights display.