<Self-employment income to be recognized under s. 4(5) of the Schedules> -With regards to the claimant’s self-employment, the insurer could claim that if the claimant’s self-employment income was received in cash, it cannot be used in the IRB calculation because his income is supposed to have an HST number under the Income Tax Act. -Section … Read More
<IRB to continue to be paid> When one of our MVA clients is out of the country, our Legal Services tries everything we can to accommodate his personal situations and ensure he continue his physical, psych treatments in the foreign country under s.57 of the SABS to ensure his income benefit payment continue. And, we … Read More
<Calculation of the self-employment income> – $150,000.00 (gross annual employment income during the last fiscal year) – less $50,000 (loss from self-employment to be subtracted = $100,000.00 Multiply by 70% equals $70,000.00 (our client earned no post-accident income.) This amount is then divided by 52 weeks to come to a weekly income replacement benefit of … Read More
Calculation of Income Replacement Benefits for claimant involved in a motor vehicle accident in August 2020 What is required? 1. Client’s filed income taxes for 2019 and 2020 2. Calculation of IRBs under s. 7(2) of the SABS 3. Post-accident bank deposit Under s. 7(2) of the SABS, Income Replacement Benefits were calculated as follows: … Read More
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 … Read More
The claimant was earning the annual income of $150,000.00 during the last fiscal year before the subject motor vehicle accident. $150,000.00 (gross employment income –> a self-employed person may designate his gross employment income from the last fiscal year of the business that ended before the accident as his “gross annual employment income.”) – … Read More
-If the claimant’s EI sickness benefits are defined as “other income replacement assistance” under s. 4(1) then any deduction would be precluded by s. 4(1)(a)(i), which specifically excludes all EI benefits. -If the applicant’s EI sickness benefits are defined as deductible under s. 47(1) as “collateral” or “temporary disability benefits” then that deduction is also … Read More
J. v Canada Employment Insurance Commission <Our office successfully defended that our client’s auto insurance payments for loss of income are not earnings> S.35(2)(d) of the Employment Insurance Regulations (EI Regulations) says that auto insurance payments for loss of income are earnings (in certain circumstances).Section 35(2)(d) is stated to be “notwithstanding” section 35(7)(b). Where a … Read More
<Example of how the damages can be assessed when tortfeasor’s liability is admitted> -Tortfeasors are not liable in an action in Ontario for damages for expenses that have been incurred or will be incurred for health care resulting from bodily injury arising directly or indirectly from the use or operation of the automobile unless, as … Read More
-The purpose of s.267.8 is to avoid duplication, or double recovery, in a tort award by allowing the defendants to deduct payments of various types and purposes from tort awards which contain the same or similar heads of damage. -The defendant is entitled to a proper deduction with respect to any income loss claim made … Read More
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