Tribunal calculates IRB quantum with CPP deductions and grants 35% award for insurer's unreasonable delay.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) and attendant care benefits from the respondent insurer.
The Tribunal determined the quantum of IRBs payable, finding that post-accident employment income and CPP disability benefits were deductible, and applied the age 65 adjustment formula.
The claim for attendant care benefits was dismissed as the applicant's limitations were found to be caused by pre-existing conditions and unrelated post-accident strokes rather than the accident.
The Tribunal awarded the applicant interest on outstanding IRBs and a 35% special award under O. Reg. 664, finding the respondent unreasonably delayed payment of IRBs after August 2018 despite having sufficient information to calculate the amounts owed.
OLATOntario Licence Appeal TribunalJan 13, 2020
