Pollitt v. Certas Home and Auto Insurance Company (19-009201)

The claimant sought entitlement to IRBs in the amount of $885.21 per week, in excess of the statutory maximum of $400.00 per week as set out in the SABS. The insurer initially paid IRBs at the statutory maximum of $400.00 per week, and subsequently reduced payments to $16.00 per week based on the appropriate “”ramp down”” formula once the claimant turned 65. The claimant argued that the insurer’s calculation of his IRB violated sections 8 and 15 of the Canadian Charter of Rights and Freedoms. Vice Chair Boyce dismissed the claimant’s application, holding that the insurer’s calculations were correct and that the constitutional question and issues alleged by the claimant were not properly before the parties.