Appeal dismissed; post-accident income from continued self-employment reduced income replacement benefits to zero.
The appellant was injured in a motor vehicle accident and claimed income replacement benefits.
The insurer initially paid benefits but terminated them, incorrectly assuming collateral long-term disability benefits reduced the payable amount to zero.
At arbitration, the arbitrator found the appellant continued to work as a property developer post-accident, earning substantial income that reduced his payable benefits to zero.
The Director's Delegate upheld the arbitrator's decision, confirming that the appellant bore the onus of proving his claim and that his post-accident income negated his entitlement to benefits.
Arieh Zupnik v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 244
