Danielle Koehn

The appellant appealed an arbitrator's decision that employer-paid Canada Pension Plan (CPP) contributions should not be included in calculating 'gross employment income' for income replacement benefits under the SABS-2010.

The Director's Delegate upheld the arbitrator's decision, finding that the Income Tax Act does not include employer-paid CPP contributions in an employee's gross income.

The appeal was dismissed.

The applicant sought statutory accident benefits, including non-earner benefits and payment for two treatment plans, following a motor vehicle accident.

The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 cap had been reached.

The Tribunal found that the applicant's physical injuries were predominantly soft tissue injuries and that he failed to prove his pre-existing conditions or alleged psychological impairments took him out of the MIG.

The Tribunal rejected the applicant's psychological expert evidence as unreliable and preferred the respondent's expert evidence.

The Tribunal also found the applicant did not suffer a complete inability to carry on a normal life, dismissing the claim for non-earner benefits.

Following an arbitration where the applicant's claims for statutory accident benefits were dismissed, the insurer requested an expense hearing, claiming $32,402.64 in costs.

The arbitrator found the insurer's claimed fees and disbursements excessive for an uncomplicated Minor Injury Guideline case.

Noting that the Statutory Accident Benefits Schedule is consumer protection legislation and that the applicant received poor legal representation, the arbitrator fixed the insurer's expenses at a nominal amount of $1,000.00.

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.

The Applicant sought accident benefits for physiotherapy and massage therapy following a rear-end motor vehicle collision.

The Insurer denied the claims on the basis that the Applicant's injuries fell within the Minor Injury Guideline (MIG) and the treatment plans were unsigned.

The Arbitrator dismissed the Applicant's claims, finding that the Applicant failed to sign the OCF-18 treatment plans as required by section 38(3) of the SABS.

Furthermore, the Arbitrator accepted the Insurer's expert medical evidence that the Applicant's soft tissue injuries were treatable within the MIG and that the Applicant did not suffer from chronic pain.

The Insurer was awarded its expenses for the arbitration.

The applicant sought statutory accident benefits after falling from a passenger cart inside an airport terminal.

The insurer argued the cart was not an automobile under the Insurance Act.

Applying the three-part test from Adams v. Pineland Amusements Ltd., the arbitrator found the cart was not an automobile in ordinary parlance, was not defined as such in the policy, and did not require insurance under any statute.

The application for arbitration was dismissed, and the applicant was ordered to pay $1,500 in expenses to the insurer.