<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 4(5) of the Schedule is clear that, for the purposes of applying for an IRB, the claimant is required to report the amount of his or her income and, if income is not reported, the IRB is calculated without reference to any income he has failed to report.
-An OCF-2 may provide confirmation of an employment relationship and an accountant is free to use the figures presented in its calculation.
However, an OCF-2 alone does not trump the requirement of s. 4(5) in the absence of a tax return, notice of assessment or pay stub confirming that the claimant paid tax, CPP or EI on his income.