Certas Home and Auto Insurance Company v. Okenge
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The Facts
Stephane Okenge came from Uganda to Ottawa at 14 on a basketball scholarship and lived with his older sister Gisele for roughly three months before the academy required him to move into billet housing. He later studied in Oklahoma and Nebraska, staying with host families or in student housing, but went back to his sister's home whenever school was out, and her address stayed his permanent one. On October 23, 2022, at age 19, a collision in Nebraska left him a tetraplegic. He owned no car or policy, so he claimed under his sister's Certas policy, which Certas refused on the footing that he lived independently in the United States on scholarships.
What the Court Decided
LAT Adjudicator Malach held that he depended principally on his sister for care and was therefore an insured person, and refused Certas's reconsideration request. The Divisional Court dismissed Certas's appeal and its judicial review. An appeal from the LAT is limited to questions of law, and Certas's complaint about how the legal test was applied to the facts was a question of mixed fact and law that could not be appealed; the decision was in any case reasonable on the evidence. The court also rejected the idea that dependency for care is confined to physical or mental vulnerability: emotional, social, educational and practical support during a life transition can count.
Does This Affect You?
- ✓A family member lives away for school or work but relies on you or another relative for care and support.
- ✓An insurer says living away or receiving scholarships ends dependency.
- ✓You are seeking accident benefits under a relative's policy.
Key Takeaways
- Dependency is assessed on the relationship as a whole, not just residence or finances.
- "Care" can include emotional, social and practical support, not just medical needs.
- Mixed questions of fact and law are not appealable from the LAT.