The applicant was involved in a motor vehicle accident and sought an income replacement benefit (IRB) from the respondent insurer.
The central issue was whether the applicant's income and losses from various rental and development properties should be classified as self-employment income or passive investment income for the purpose of calculating the IRB.
The Tribunal determined that three of the properties generated passive rental income, while the development of a fourth property constituted self-employment.
The Tribunal concluded the applicant was entitled to an IRB of $325.00 per week, less applicable deductions, plus interest on overdue payments.
