16-000082 v Echelon General Insurance Company, 2016 CanLII 82874
- The first test is applicable for the period from one week after the date of the accident until the second anniversary.
- The claimant is entitled to be paid an IRB if he suffered a substantial inability to perform the essential tasks of his pre-accident employment.
- After 104 weeks, the claimant is only entitled to an IRB if he suffers from a complete (as opposed to a substantial) inability to engage in any employment for which he is reasonably suited by education, training or experience.
- If the claimant was receiving the IRB less than $185.00 per week until the second anniversary of the motor vehicle accident, after 104 weeks, s. 7 (1) 1. ii of the SABS increases the amount payable to $185 per week going forward.