The applicant was injured in a motor vehicle accident while driving his employer's van.
The insurer denied income replacement benefits, arguing the applicant was excluded under s. 30(1)(d) of the Statutory Accident Benefits Schedule because he knew or ought to have known he was operating the vehicle without the owner's consent.
The arbitrator found the applicant's evidence credible that he reasonably believed he had the consent of the company's retired owner to use the van for a weekend trip to Toronto.
The arbitrator concluded the applicant was not excluded from pursuing his claim for income replacement benefits.
