Financial Services Commission
Commission des services financiers de l’Ontario
Neutral Citation: 2001 ONFSCDRS 93
Appeal P00-00028
OFFICE OF THE DIRECTOR OF ARBITRATIONS
PAFCO INSURANCE COMPANY
Appellant/Respondent on Cross-Appeal
and
LORNA HOWDEN
Respondent/ Appellant on Cross-Appeal
Before:
Susan Naylor, Director's Delegate
Counsel:
Grant Dow (for Pafco)
Alan Chapnik (for Ms. Howden)
APPEAL ORDER
Under section 283 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
- The appeal is allowed in part. The cross-appeal is dismissed. Paragraph 1 of the arbitrator's order dated April 7, 2000, is varied as follows:
(a) In determining Lorna Howden's gross income from employment for the four weeks before the accident, the following amounts paid by the employer in respect of the period shall be included:
life insurance premiums,
weekly indemnity insurance premiums,
contributions to the Nursing Homes and Related Industries Pension Plan,
pay equity adjustment,
uniform allowance.
(b) The following amounts shall not be included:
vacation pay,
sick leave credits,
the employer's contributions under the Canada Pension Plan, the employer's premium under the Employment Insurance Act.
Paragraphs 2 and 3 of the arbitrator's order are confirmed.
Lorna Howden is entitled to her appeal expenses.
June 22, 2001
Susan Naylor
Director's Delegate
Date
REASONS FOR DECISION
III. NATURE OF THE APPEAL
This appeal involves the calculation of Lorna Howden's income replacement benefits (IRBs) under the Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996,
O. Reg. 403/96, as amended ("SABS-1996 "). The question, broadly, is whether Ms. Howden's gross income from employment