David Burton

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

The insurer denied the claim.

On a preliminary issue hearing, the arbitrator considered whether the applicant was employed, self-employed, or receiving employment insurance at the time of the accident.

The applicant argued that monies received from the Ontario government's Second Career Program for dog grooming training constituted employment income or were analogous to employment insurance.

The arbitrator rejected these arguments, finding no statutory basis to expand the definitions.

The claim for income replacement benefits was dismissed.

The applicant was injured in a motor vehicle accident and sought attendant care benefits from his insurer.

The applicant claimed that his wife and son provided attendant care services.

The insurer paid an initial amount but denied further benefits on the basis that the service providers had not demonstrated an economic loss.

The arbitrator found that the son was receiving income replacement benefits and the wife did not substantiate an economic loss from her employment.

The claim for attendant care benefits was dismissed.