M. J.Winer, Q.C.

The applicant sought expenses following a successful arbitration for statutory accident benefits.

The parties agreed on most costs but disputed the allowability of three expert reports totaling $4,000.

The arbitrator found that the reports from an exercise physiologist and a physician were necessary for the conduct of the arbitration, as they established the continuity of the applicant's disability and chronic pain syndrome.

The arbitrator awarded the applicant $29,589.48 in total expenses, plus $209.50 for the costs of the expense hearing.

The applicant was injured in a motor vehicle accident and sought income replacement benefits.

The parties disputed the calculation of the applicant's 'gross employment income' under section 4(1) of the new SABS.

The applicant argued that employer-paid Canada Pension Plan (CPP) contributions should be included in the calculation.

The arbitrator held that the definition of 'gross employment income' in the new SABS is clear and restricts remuneration to money paid to and received by the employee.

Employer CPP contributions are paid to the government, not the employee, and therefore should not be included in the calculation of gross employment income.