Neutral Citation: 1993 ONICDRG 44
File No. A-001963
ONTARIO INSURANCE COMMISSION
BETWEEN:
KEVIN ZEHR
Applicant
and
THE GUARANTEE COMPANY OF NORTH AMERICA
Insurer
DECISION
Issues
The Applicant, Kevin Zehr, was injured in a motor vehicle accident on March 17, 1991. He applied for and received accident benefits from the Insurer payable under Ontario Regulation 672 (the "No-Fault Benefits Schedule"), enacted under the Insurance Act, R.S.O. 1990, c. I.8.
The insurer is paying ongoing weekly income benefits based on Mr. Zehr's pre-accident income from employment and self-employment. Mr. Zehr claims that his pre-accident income also included cash payments and food he received from his father. In addition, Mr. Zehr claims that he should be reimbursed for the cost of hiring other people to do the heavy farm work he has been unable to do as a result of the accident.
The dispute between Mr. Zehr and the insurer was not resolved through mediation, and Mr. Zehr applied for arbitration under the Insurance Act.
The issues in this hearing are:
Did Mr. Zehr's pre-accident income include cash payments and food received from his father?
Is Mr. Zehr entitled to be reimbursed under clause 6(1)(f) for the cost of hiring farm workers to do the work he has been unable to do as a result of the accident?
Mr. Zehr claims interest on any outstanding amounts owing.
Mr. Zehr claims his expenses incurred in the hearing.
Result
Mr. Zehr is entitled to receive weekly income benefits based on pre-accident income including income which he received from his father in the form of cash payments and payments in kind.
Mr. Zehr is not entitled to be reimbursed for the cost of hiring farm workers to do the work he has been unable to do as a result of the accident.
Interest is payable on benefits owing under section 24 of the No-Fault Benefits Schedule.
Mr. Zehr is entitled to his expenses incurred in respect to the arbitration, in accordance with subsection 282(11) of the Insurance Act, and Ontario Regulation 664, R.R.O. 1990, "Dispute Resolution Expenses". I remain seized with respect to any dispute with regard to the amount of expenses payable.
Hearing
The hearing was held in Stratford, Ontario, on March 23, 1993, before me, Nancy Makepeace, arbitrator.
The applicant was represented by Perry Hill, Barrister and Solicitor. The insurer was represented by Brian McCall, Barrister and Solicitor.
Witnesses were:
Kevin Zehr, the applicant
Sharon Zehr, the applicant's wife
Dr. Kenneth R. Hook, the applicant's family doctor
A list of exhibits presented by the parties is found in Appendix 1 to this decision.
Other documents which were part of the record were:
Report of Mediator, dated July 7, 1992
Application for Appointment of an Arbitrator, dated October 6, 1992
Response by Insurer, dated November 26, 1992
Letter of pre-hearing arbitrator Julaine Palmer, dated February 16,