Appellant
Respondent
Background: Sebrina Mazzei, the appellant, suffered serious injuries in a motor vehicle accident on December 7, 2019. The driver was uninsured, leading to a dispute over underinsured motorist protection under the Insurance (Vehicle) Regulation.
Legal Issue: Mazzei sought a declaration that she was an insured under the regulation by claiming she was a member of the household of her father and boyfriend, both of whom were named in owner certificates. The arbitrator denied this, stating Mazzei did not ordinarily reside with them.
Arbitration and Appeal: The arbitrator ruled against Mazzei, stating her living arrangement with her father and boyfriend was temporary and did not meet the definition of "household." Mazzei appealed, arguing that the arbitrator failed to broadly interpret the benefit-conferring legislation and improperly considered the temporary nature of her living arrangement.
Court's Analysis: The court analyzed whether the arbitrator made an error in applying the law. The court found that the arbitrator correctly applied the legal principles and the term "household" was interpreted appropriately based on the settled jurisprudence. The court determined that Mazzei's arguments were questions of mixed fact and law, not questions of law, which are necessary for an appeal under the Arbitration Act.
Decision: The court dismissed Mazzei's application for leave to appeal, finding no extricable error of law. The Insurance Corporation of British Columbia, the respondent, was awarded costs of the application.
Costs: The exact amount of costs awarded was not specified in the document.
Court
Court of Appeals for British ColumbiaCase Number
CA49221Practice Area
Insurance lawAmount
Winner
RespondentTrial Start Date
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