Post-accident payments from family-owned employer deemed a gift, not deductible from income replacement benefits.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs).
The respondent insurer claimed deductions under s. 7(3) of the Schedule for post-accident payments the applicant received from her employer, a restaurant owned by her mother.
The Tribunal found that the payments were a gift intended to help the applicant financially, not employment income or a temporary disability benefit.
The applicant met the legal test for a gift, as there was an intention to give without expectation of remuneration, acceptance, and transfer.
The Tribunal ordered the respondent to pay the IRBs without deductions, plus interest.
OLATOntario Licence Appeal TribunalAug 13, 2018
