Claim for additional post-104 IRBs dismissed; applicant found to be self-employed based on tax returns.
The Applicant sought additional post-104 Income Replacement Benefits (IRBs) following a motor vehicle accident.
The Insurer had deducted amounts from the IRBs based on the Applicant's self-employment income reported on his tax returns.
The Applicant argued that he was not employed as defined by the Schedule and that his tax returns were incorrect.
The Arbitrator found that the Applicant was self-employed during the period in dispute, as he continued to manage his rental properties and reported self-employment income on his tax returns.
The Arbitrator concluded that the Insurer correctly calculated the IRBs and dismissed the Applicant's claim for additional benefits and interest.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 6, 2017
