17-008498 v Aviva General Insurance
Tribunal File Number: 17-008498/AABS
Case Name: 17-008498 v Aviva General Insurance
In the matter of an Application pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8, in relation to statutory accident benefits.
Between:
Applicant
Applicant
and
Aviva General Insurance
Respondent
DECISION
ADJUDICATOR: Lindsay Lake
APPEARANCES:
For the Applicant: Alicia Stuart, Counsel for the Applicant
For the Respondent: Kathleen Mertes, Counsel for the Respondent
HEARD IN WRITING ON: July 9, 2018
OVERVIEW
1[The applicant] was injured in an automobile accident when she, as a pedestrian, was struck by a motor vehicle on August 19, 2015 (“the accident”) and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (the “Schedule”) from the respondent. The respondent denied the applicant’s claims and, as a result, the applicant submitted an application to the Licence Appeal Tribunal – Automobile Accident Benefits Service (AABS) (the “Tribunal”) on December 1, 2017.
ISSUES TO BE DECIDED
2The following issues are to be decided:
(i) Is the applicant entitled to an income replacement benefit in the amount of $363