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.
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