The applicant, a self-employed individual who had taken maternity leave prior to the accident, sought an income replacement benefit (IRB).
She argued that calculating her pre-accident income based on her last completed taxation year under s. 4(3) of the Statutory Accident Benefits Schedule (SABS) infringed the Human Rights Code on the ground of sex/pregnancy, as her income was reduced during her maternity leave.
The Adjudicator agreed that s. 4(3) had a discriminatory effect but found that the Tribunal lacked the jurisdiction to amend or read in language to the Schedule to craft the remedy sought by the applicant.
The Adjudicator determined the quantum of the IRB based on the applicant's 2016 tax return without deducting the capital cost allowance (CCA), as the current SABS does not mandate such a deduction.
The applicant's claim for an award under O. Reg 664 was dismissed, but interest on overdue benefits was awarded.
