Arbitration order for ongoing weekly income benefits revoked after insured achieved professional success as a gospel musician.
The insurer applied to vary or revoke a 1996 arbitration order that required it to pay ongoing weekly income benefits to the respondent under the post-156 week disability test.
The respondent had suffered severe hip injuries in a 1990 motor vehicle accident.
The insurer presented evidence that since the original order, the respondent had achieved significant professional success as the lead vocalist and musical director of a gospel choir, including recording contracts, Juno awards, and film appearances.
The arbitrator found that the respondent's activities demonstrated she was fully capable of engaging in the occupation of a professional musician or choir director, and that her lack of remuneration was a lifestyle choice rather than a result of her disability.
The arbitrator concluded there was a material change in circumstances and revoked the order for ongoing benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 29, 2000
