The appellant was injured in a workplace accident and received WSIB benefits while retraining at an architectural firm.
He was subsequently injured in a motor vehicle accident, rendering him a paraplegic and unable to continue his retraining, which reduced his WSIB benefits.
He applied for income replacement benefits under the SABS, but his insurer denied the claim on the basis that he was not 'employed' at the time of the accident.
The Divisional Court allowed the appeal, finding that the Licence Appeal Tribunal erred in its interpretation of 'employed' by requiring an exchange of wages for services, and held that the appellant's employment relationship and receipt of employment-related income satisfied the statutory requirement.
