Mr. Pellegrini

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.

The applicant sought to withdraw her arbitration regarding statutory accident benefits after a preliminary issue decision found her disentitled to certain income replacement benefits for failing to provide reasonably required information under section 33 of the Schedule.

The insurer objected unless conditions were imposed.

The arbitrator allowed the withdrawal on the condition that the applicant pay the insurer's reasonable expenses for the hearing, pay the assessment fee if she recommences the arbitration, and that interest on outstanding benefits be suspended.

The arbitrator also ordered the applicant to pay the insurer's expenses for the second day of the preliminary hearing because she decided not to testify at the last minute, causing unnecessary expense.