Aviva General Insurance v. Respondent (17-007666)

The insurer sought repayment of IRBs; the claimant sought entitlement to further IRBs. Adjudicator Kershaw held that the insurer was entitled to repayment of IRBs for the period the claimant was receiving disability benefits from Co-operators Insurance (Edge). She concluded that the Edge benefits were an income continuation plan, and that it was irrelevant whether the claimant was employed or self-employed at the time of the accident. Adjudicator Kershaw also concluded that the claimant was entitled to IRBs for the full 104 week period, subject to any payments of IRBs already made by the insurer.