Digest: Johnson v S.G.I., 2018 SKQB 265

Reported as: 2018 SKQB 265

Docket Number: QBG 718/16 JCS , QB18256

Court: Court of Queen's Bench

Date: 2019-10-18

Judges:

• Scherman

Subjects:

• Statutes � Interpretation � Automobile Accident Insurance Act, Section 144, Section 145

Digest: In August 2014, the father of the plaintiffs was killed in an automobile accident. He was unemployed and had no surviving spouse at the time of his death. His children were then all under the age of 21 and thus dependants within the meaning of The Automobile Accident Insurance Act. In October 2015, SGI provided decision letters to the plaintiffs that prorated a spousal death benefit among them. They each brought an action against SGI claiming that they each were entitled to receive the full share of what a surviving spouse would have received under s. 144(4): $66,696. Weekly death benefits had been paid to each of the plaintiffs as dependants pursuant to s. 144(6), (7) and (10) of the Act until October 2015 when they elected to receive the balance of their weekly benefits as a capitalized lump sum. They then sought a declaration that they were individually...