Ontario Superior Court Considers What Constitutes A "Dependant" Under The SABS

The recent Ontario Superior Court of Justice decision in State Farm v. Bunyan (2013 ONSC 6670) examines the issue of whether the respondent ("Mr. Bunyan") was a "dependant" in accordance with the Statutory Accident Benefits Schedule ("SABS") and thus entitled to accident benefits under his mother's automobile policy. In this instance the Court concluded that Mr. Bunyan remained "dependant" on his mother at the time of his accident despite having left her home in Ontario to find employment in Alberta. The Court further concluded that it would be unjust for State Farm to succeed on the application after having paid benefits to Mr. Bunyan for five years.

Mr. Bunyan was an adult who had been living with his mother in Ontario on and off for many years. He had previously moved out of his mother's home to pursue various employment opportunities prior to returning to her home. Just prior to the accident, Mr. Bunyan had been on a bus to Alberta, to find work, when he