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CPP disability payments are deductible from weekly income benefits under s. 13(3) of the No-Fault Benefits Schedule.
The insurer appealed an arbitrator's decision that Canada Pension Plan (CPP) disability payments received by the respondent were not deductible from weekly income benefits payable under s. 13(3) of the No-Fault Benefits Schedule.
The respondent, who was unemployed at the time of the accident, had been receiving CPP disability payments for a prior condition.
The Director of Arbitrations allowed the appeal, finding that the phrase 'any payments for loss of income' in s. 13(3) is unambiguous and includes CPP disability payments, regardless of whether they relate to the accident or a prior condition.
The weekly income benefits must be reduced by the amount of the CPP payments.
Pre-existing CPP and Family Benefits payments are not deductible from no-fault accident benefits.
The Applicant was injured in a motor vehicle accident and applied for accident benefits.
At the time of the accident, he was receiving Canada Pension Plan (CPP) disability benefits and Family Benefits.
The Insurer refused to pay accident benefits, arguing that the CPP and Family Benefits payments were deductible as 'payments for loss of income' under section 13 of the No-Fault Benefits Schedule.
The arbitrator held that Family Benefits are not employment-related and thus not deductible.
Furthermore, the arbitrator found that only payments for loss of income arising from the same accident are deductible, meaning the pre-existing CPP disability benefits were also not deductible from the Applicant's weekly accident benefits.
