A-25, r. 12 - Regulation respecting indemnities payable under Title II of the Automobile Insurance Act

Section 30.1 Disposition versions

2012-09-01

30.1. For the purposes of section 26.1 of the Act, a person may become a dependant of the victim after the accident:

(1)  if he marries the victim and cohabits with him;

(2)  where the person and the victim live together as husband and wife:

i.  if the person and the victim reside together for 3 years, or for 1 year if a child issues from their union; and

ii.  if they are publicly represented as spouses;

(3)  where the person is or has been married to the victim and:

i.  is separated from him de facto or legally; or

ii.  his marriage to the victim has been dissolved by a final judgment of divorce or declared null by a declaration of nullity of marriage;

if the person is entitled to receive an alimentary pension from the victim pursuant to a judgment or an agreement;

(4)  where the person:

i.  is related to the victim by blood or adoption;

ii.  stands in loco parentis to the victim; or

iii.  is a person to whom the victim stands in loco parentis;

if the victim, from his income or earnings from all sources, provides for more than 50% of the basic needs and maintenance costs of the person.

O.C. 504-84, s. 1.