Stephen Sinas

The applicant was involved in a motor vehicle accident in Michigan and elected to receive benefits under Michigan law from his Ontario insurer.

The insurer later discovered the applicant had failed to disclose a prior at-fault accident and a cancelled insurance policy on his application, and terminated his income replacement benefits (IRBs) due to material misrepresentation.

The Licence Appeal Tribunal found that the applicant made material misrepresentations that induced the insurer to enter into the contract.

The Tribunal held that the applicant was excluded from receiving IRBs under section 31(1)(b) of the Schedule, and that this exclusion applied even though he had elected to receive Michigan Work Loss Benefits.

Alternatively, the Tribunal found the applicant would be disqualified under Michigan common law.

The applicant was ordered to repay $72,881.74 in benefits paid, plus interest.