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Pre-accident income includes payments in kind from family farm; replacement farm labour costs are not rehabilitation expenses.
The applicant was injured in a motor vehicle accident and sought accident benefits.
The arbitrator held that the applicant's pre-accident income included cash payments and food (beef and milk) received from his father in exchange for his work on the family farm, as these constituted 'income' under subsection 12(7) of the No-Fault Benefits Schedule.
However, the arbitrator dismissed the applicant's claim for reimbursement of the cost of hiring farm workers to replace his labour, finding that these were business expenses rather than rehabilitation expenses under clause 6(1)(f).
The applicant was awarded interest on overdue benefits and his expenses for the arbitration.
