Application for income replacement benefits dismissed; applicant failed to prove inability to work.
The applicant sought statutory accident benefits, including an income replacement benefit (IRB) and medication expenses, following a motor vehicle accident.
The respondent denied the benefits and argued the applicant was statute-barred for missing insurer's examinations.
The Tribunal found the applicant was not statute-barred as she attended rescheduled examinations.
However, the Tribunal dismissed the substantive claims, finding the applicant failed to prove a substantial or complete inability to perform the essential tasks of her employment as an Uber driver, relying on the respondent's psychological assessments.
The claims for medication expenses, interest, and a section 10 award were also dismissed.
OLATOntario Licence Appeal TribunalSep 26, 2025