Bastarache J.
Bastarache J. -- We are of the view that the evidence in the record as a whole makes it impossible to arrive at any other conclusion than that the appellant meets the requirements of the definition of “spouses” in s. 1(7)(b) of the Quebec Automobile Insurance Act. The appeal is therefore allowed on the ground that the decisions of the Commission des affaires sociales of February 16, 1993 and February 14, 1996 are patently unreasonable.
Consequently, the decision of the Quebec Court of Appeal is set aside and the above-mentioned decisions of the Commission des affaires sociales are quashed.
In view of the exceptional circumstances of this case, the Court is rendering the decision that should have been rendered by the Commission des affaires sociales and orders the Société de l’assurance automobile du Québec to pay the compensation provided for in the Automobile Insurance Act and the additional indemnity provided for in art. 1078.1 of the Civil Code of Lower Canada, with interest from July 22, 1989, the whole with costs against the respondents in this Court and in the courts below*.
Footnotes
- [1] * See Erratum [2000] 1 S.C.R. iv
Statutes and regulations cited
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Unresolved citations
- s. 1(7)(b) ¶ 1