<HST for s.7 IRB Reports> Since the SABS under Insurance Act was amended, Intact Insurance has agreed to pay HST (Harmonized Sales Tax) for s.7 preparation of Income Replacement Report. -Subtotal for IRB report: $2,489.83-HST: $323.68-Total Payment by the insurer: $2,813.51 Under the Regulation, the insurance company is liable for paying HST in addition to … 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
-McKay v Travelers 2022 CanLII 6748 The applicant has the onus of proving on a balance of probabilities that he is completely unable to engage in any employment for which he is reasonably suited by education, training, or experience. To be eligible to receive IRBs 104 weeks post-accident, s. 6(2)(b) of the SABS requires that … 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
16-000063 v Dominion of Canada General Insurance Company, 2016 CanLII 67139 Galdamez v. Allstate Insurance Company of Canada, 2012 ONCA 508 Toresho v. Primmum Insurance Company, 2015 ONSC 516 -Under s.35 (1) of the SABS, the Applicant was entitled to notice from the insurer to elect the benefit she wished to receive. -The Application for … Read More
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