Marc Smith

The applicant sought an income replacement benefit following a motor vehicle accident.

The respondent denied the benefit, arguing the applicant failed to provide sufficient documentation to calculate his pre-accident self-employment income and that surveillance evidence showed he continued to work post-accident.

The Tribunal found that under s. 4(3) of the Schedule, the applicant's pre-accident income was established by his Canada Revenue Agency Notices of Assessment, entitling him to the benefit for the end of 2017.

However, the Tribunal accepted the respondent's surveillance evidence demonstrating the applicant worked post-accident.

Because the applicant failed to provide reasonably required information regarding his post-accident income, he was barred under s. 33(6) from receiving the benefit from January 1, 2018 onwards.

The request for a special award was dismissed.

The applicant sought non-earner benefits following a motor vehicle accident.

The insurer scheduled three insurer's examinations (IEs) which the applicant failed to attend, arguing the notice was deficient and the IEs were not reasonably necessary.

The Tribunal found the notice was sufficient to allow an informed decision, the minor deficiencies did not confuse the applicant, and the IEs were reasonably necessary.

As the applicant failed to comply with section 44 of the Schedule, his application for non-earner benefits was dismissed pursuant to section 55(1).