Disability benefits must be deducted from income replacement benefits on a gross, not net, basis.
The applicant was injured in a motor vehicle accident and applied for income replacement benefits (IRB).
The parties agreed the applicant was entitled to IRB but disagreed on the quantum, specifically whether short term and long term disability benefits should be deducted from the IRB on a gross or net-of-tax basis.
The Licence Appeal Tribunal held that the definition of 'other income replacement assistance' under the Statutory Accident Benefits Schedule refers to the gross amount of disability benefits.
The Tribunal found that calculating deductions based on net income could lead to double recovery and was contrary to the legislative intent.
The applicant's claim for higher IRB amounts based on net deductions was dismissed.
OLATOntario Licence Appeal TribunalDec 7, 2017
