Application for income replacement benefits dismissed as applicant failed to prove quantum of loss.
The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.
The parties disputed the quantum of the IRB for the periods pre- and post-104 weeks.
Both parties submitted accounting reports, but the adjudicator found both reports flawed as neither correctly attributed the loss of self-employment income to the accident versus a separate fire at the applicant's rental property.
As the applicant bore the burden of proof and failed to provide accurate evidence of the quantum owed, the application for IRBs, interest, and a special award was dismissed.
OLATOntario Licence Appeal TribunalMar 20, 2023