How have factors been used to determine whether a person is in a state of dependency?

Ontario, Canada


The following excerpt is from Gore Mutual Insurance Company v. Co-Operators General Insurance Company, 2008 CanLII 46914 (ON SC):

Using the Miller v. Safeco factors to assess whether a state of dependency exists at a particular point in time, it is necessary to consider the personal history of the alleged dependant over some period of time. Arbitrator Jones correctly observed that to determine whether dependency exists, judges and arbitrators must consider a period that will reflect the true financial situation of the parties at the time of the accident.

Other Questions


What factors are considered to be determinative in determining whether a person will be successful in their claim to be a property owner? (Ontario, Canada)
What factors are considered in determining whether a person with severe depression should be found dead? (Ontario, Canada)
What factors factor in determining whether a child becomes disentitled to support for education expenses after leaving the relationship? (Ontario, Canada)
What factors are considered by courts to determine whether a person over 45 has a valid claim for employment? (Ontario, Canada)
What factors are considered in determining whether to defer a motion in a personal injury case? (Ontario, Canada)
What are the factors used by the courts to determine whether or not a portion of pre-tax corporate income should be included in a party's income for support purposes? (Ontario, Canada)
What are the factors used by the court in determining whether or not to grant custody of a child to a third party? (Ontario, Canada)
What is the test for determining whether an entity is a state actor? (Ontario, Canada)
What is the standard of review for determining whether a person has capacity to refuse treatment? (Ontario, Canada)
What factors must be considered in determining whether to enforce a settlement under Rule 49.09? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.