Application for income replacement benefits dismissed as applicant continued to work post-accident.
The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.
The Tribunal dismissed both parties' preliminary requests for adjournments.
On the merits, the Tribunal found that while the applicant was self-employed at the time of the accident, he failed to prove a substantial inability to perform the essential tasks of his employment within the first 104 weeks, as evidence showed he continued to work under a lucrative contract performing similar duties.
Furthermore, the applicant failed to meet the more stringent post-104-week test of a complete inability to engage in any suitable employment.
The application for IRBs and interest was dismissed.
The respondent's request for costs was also dismissed, as the self-represented applicant's conduct did not rise to the level of serious misconduct.
OLATOntario Licence Appeal TribunalSep 16, 2024
