Insurer ordered to pay $32,488 in income replacement benefits and interest after excessively delaying calculation.
The applicant was injured in a motor vehicle accident and sought an income replacement benefit (IRB).
The respondent conceded entitlement but delayed payment, arguing it needed more financial information to calculate the quantum for the self-employed applicant.
The Tribunal found the respondent had sufficient information and its requests for additional documents were excessive.
The Tribunal awarded the applicant $32,488.04 in IRBs up to October 6, 2020, plus $5,023.71 in interest.
The Tribunal declined to order a special award under s. 10 of O. Reg. 664, finding the respondent's reliance on its accounting expert did not meet the threshold for unreasonable behaviour.
The Tribunal also ruled on procedural motions, admitting a late preliminary expert report from the respondent but excluding a late supplementary report.
OLATOntario Licence Appeal TribunalMar 26, 2021
