Applicant awarded weekly income benefits at the statutory minimum rate due to insufficient proof of unreported pre-accident income.
The applicant was injured in a motor vehicle accident and claimed weekly income benefits under the No-Fault Benefits Schedule.
The insurer disputed his employment status at the time of the accident, his medical eligibility, and the quantum of benefits, noting the applicant had failed to report significant income on his tax returns.
The arbitrator found the applicant was employed as a real estate salesperson and was substantially disabled from performing his essential tasks until November 14, 1991.
However, because the applicant failed to provide reliable proof of his pre-accident income, his benefits were calculated based on the statutory minimum gross weekly income.
The arbitrator rejected the insurer's argument that the applicant's claim should be barred on public policy grounds due to his false tax returns.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 9, 1992
