Jamie Pollack

The applicant was injured in a motor vehicle accident and received income replacement benefits.

The insurer terminated benefits and sought repayment, alleging the applicant wilfully misrepresented his employment status and income, and continued to operate his drywall business post-accident.

The arbitrator found the applicant was self-employed, had submitted a false income confirmation, and was capable of performing his essential duties.

The applicant's claims for ongoing benefits and a special award were dismissed.

The insurer's claim for repayment was granted, and the applicant was ordered to repay $51,761.86 due to wilful misrepresentation.

The applicant, a real estate agent, was injured in a motor vehicle accident and claimed weekly income benefits.

The issue was whether a real estate commission from an agreement of purchase and sale executed before the 52-week pre-accident period, but which closed within that period, should be included in her pre-accident income calculation.

The arbitrator held that the commission was earned when the agreement became unconditional, which occurred prior to the 52-week period.

Therefore, the commission was excluded from the calculation, resulting in a weekly income benefit of $216.16.