Self-employed contractor's pre-accident income extrapolated only over weeks actually worked, excluding seasonal layoff.
The applicant was injured in a motor vehicle accident and sought income replacement benefits.
The central dispute was whether he was an employee of his wholly-owned corporation or self-employed, and how his pre-accident income should be calculated given a seasonal layoff and recent business startup.
The arbitrator found the applicant was self-employed.
Interpreting section 9(3) of the Statutory Accident Benefits Schedule, the arbitrator held that the applicant's income should be extrapolated only over the 22 weeks he actually earned income, excluding the seasonal layoff.
The applicant was found entitled to the minimum weekly benefit of $185, which the insurer had already paid, plus $2,409.53 for post-accident business losses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 7, 1997
