Motion for interim income replacement benefits dismissed due to lack of evidence regarding post-accident income.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including weekly income replacement benefits.
The insurer refused to pay, and the applicant brought a motion for an interim order for payment of $185 per week pending arbitration.
The arbitrator dismissed the motion, finding that while the medical evidence established a substantial inability to perform pre-accident work, there was evidence the applicant had returned to modified work and received post-accident income.
The applicant failed to provide sufficient financial information to establish a prima facie case for entitlement to the minimum benefit after accounting for potential deductions.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 15, 1997
