Carlos Pereira

The applicant was injured in a motor vehicle accident and applied for income replacement benefits from his automobile insurer.

He was also receiving $2,000 per month in disability benefits from a Manulife personal accident disability insurance policy.

The insurer argued these benefits were deductible as payments for loss of income under an income continuation benefit plan pursuant to the Statutory Accident Benefits Schedule.

The arbitrator found that the Manulife policy required the applicant to be employed at its inception and that the maximum benefit was calculated with reference to his income from employment.

Consequently, the Manulife benefits constituted payments under an income continuation benefit plan and were deductible from the applicant's income replacement benefits.

The applicant was injured when she fell after descending from a bus.

She was knocked over by a crowd of students attempting to board the bus.

The insurer denied statutory accident benefits, arguing the incident did not involve the use or operation of an automobile.

The arbitrator found that the movement of persons onto a bus is integral to its use or operation, and that the flow of persons onto the bus caused the applicant to fall.

The arbitrator concluded the applicant was involved in an 'accident' as defined in the Schedule and is eligible for benefits.