16-001904 v Security National Insurance Company, 2017 CanLII 33677.

May 17, 2017

Adjudicator: Lori Marzinotto

Preliminary Issues: Admissibility of the Investigator’s Report and Unworn/Unsigned Statement from the Applicant

The Respondent sought to admit the said documents as exhibits.  The adjudicator allowed the documents to be admitted, however she assigned little weight to the report as it contained contradictory evidence on important facts and assigned little weight the statement as it was largely a repetition.

Issue #1: Is the Applicant a resident of Ontario and entitled to benefits under the Schedule as an insured person?

The Applicant made an application for accident benefits, and the Respondent denied same on the grounds that the accident happened in Alberta and the Applicant was a resident of Alberta. 

The adjudicator looked to Thomson v Minister of National Review, 1946 CanLII 1 (SCC), which held that all relevant factors must be taken into consideration in determining whether a person is a resident or ordinary resident.

The Applicant was found to be resident in Ontario. It was not his intention to remain in Alberta but to travel to Alberta to make money for a short period then return to Ontario.  Furthermore, the adjudicator found that the Applicant had a valid work permit and stated that the law is clear that you do not need to be a permanent resident to be deemed a resident.