Application for income replacement benefits dismissed because applicant's post-accident self-employment income reduced entitlement to zero.
The applicant sought income replacement benefits (IRBs) following a motor vehicle accident, claiming he was unable to work and that his business income was passive.
The insurer argued the applicant returned to work immediately, continued to operate his property development business, and earned income exceeding any IRB entitlement.
The arbitrator found that the applicant continued to perform his pre-accident duties, earned substantial post-accident income, and deliberately failed to produce his company's general ledger.
The application for IRBs was dismissed, as the post-accident income reduced the IRB entitlement to zero.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 4, 2015