Tribunal upholds insurer's IRB calculation excluding un-incurred business expenses and denies special award for delay.
The applicant, who was self-employed running a house cleaning business, sought increased Income Replacement Benefits (IRB) following a motor vehicle accident.
The dispute centered on the calculation of post-accident fixed business costs, specifically whether expenses like home office and management fees should be deducted when the applicant was not actively working.
The Tribunal agreed with the respondent insurer's calculation, finding that expenses not actually incurred post-accident should not be included.
The Tribunal also dismissed the applicant's claim for a special award, finding the insurer acted reasonably under section 33 of the Schedule in withholding benefits until the applicant provided requested bank statements to verify her post-accident income.
OLATOntario Licence Appeal TribunalJan 3, 2018
