Dr. J.G. Stubbs

The applicant, a self-employed taxi driver, was injured in a motor vehicle accident and sought no-fault income replacement and transportation benefits.

The insurer disputed the applicant's pre-accident income, arguing that self-generated trip sheets and GST returns were unreliable and that benefits should be based on his prior year's tax return.

The arbitrator found the applicant's evidence regarding his income to be contradictory and unreliable, and calculated his weekly benefits based on his 1990 tax return, ordering him to repay overpaid amounts.

The arbitrator also found that a second motor vehicle accident constituted an intervening cause, requiring the applicant to repay benefits received from the first insurer after the second accident.

Finally, the arbitrator dismissed the claim for taxi fares due to lack of credibility, awarding only the cost of a monthly public transit pass, and declined to award the applicant his arbitration expenses.