Two statutory tests for entitlement to the Income Replacement Benefits

16-000082 v Echelon General Insurance Company, 2016 CanLII 82874

  1. The first test is applicable for the period from one week after the date of the accident until the second anniversary.
  2. 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.
  3. 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.
  4. 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.