AUTOMOBILE INSURANCE - Accident benefits - Death benefits - Compulsory government schemes - No fault regimes

Law360 Canada ( September 12, 2025, 12:41 PM EDT) -- Appeal by Umpherville from a decision of the Automobile Insurance Appeal Commission (Commission) which upheld a decision denying death benefits under the Automobile Accident Insurance Act (AAIA). Umpherville’s son, Sasakamoose, died after being involved in a confrontation with the police while in a vehicle. The police sought to arrest Sasakamoose and remove him from the vehicle. While being apprehended, he was repeatedly struck by batons and tasered. At some point in the altercation, Sasakamoose was in the driver’s seat and the vehicle lurched forward and struck a police vehicle. The discharge summary from Royal University Hospital noted that the tasing and striking with batons caused injuries which resulted in death. As administrator of her son’s estate, Umpherville applied to Saskatchewan Government Insurance (SGI) for death benefits under the no-fault provisions of the AAIA. The SGI concluded that Sasakamoose’s death was unrelated to the motor vehicle accident and denied the benefits. Its decision was upheld by the Commission. Umpherville argued that the Commission erred in its interpretation of the relevant provisions of the AAIA and in its analysis of the causal relationship requirement. She submitted that the matter was analogous to the case Amos v. Insurance Corporation of British Columbia (Amos). The SGI argued that a correct interpretation of the AAIA excluded no-fault benefits because the circumstances of the case at hand did not satisfy the causation portion of the Amos test....
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