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Insurer is entitled to deduct gross, not net, amounts of collateral disability benefits from Income Replacement Benefits.
The applicant was injured in a motor vehicle accident and sought Income Replacement Benefits (IRBs) from the insurer.
The applicant received Short-Term Disability, Long-Term Disability, and CPP disability benefits.
The issue was whether the insurer could deduct the gross or net amounts of these collateral benefits from the IRB payable.
The arbitrator held that the clear wording of section 4(1)(a) of the Statutory Accident Benefits Schedule refers to 'gross weekly payment for loss of income'.
Unlike the previous regime, the current Schedule does not contain provisions for calculating after-tax amounts.
Therefore, the insurer is entitled to deduct the gross amounts of the collateral benefits from the IRB.
Application dismissed; settlement agreement binding despite payment arriving after applicant's unilaterally imposed deadline.
The applicant filed a human rights application alleging discrimination in employment.
The parties subsequently engaged in settlement discussions and agreed to a monetary payment of $1,200 in exchange for a full release.
The applicant signed the release, but later attempted to resile from the settlement because the respondents did not provide the settlement funds by a unilaterally imposed deadline.
The Tribunal found that the parties had reached a binding settlement under section 45.9(1) of the Human Rights Code.
The timing of the payment was not a negotiated term of the agreement, and the applicant could not void the settlement based on the missed deadline.
The application was dismissed.
