Balasubramaniam v. Aviva General Insurance Company (21-001010/AABS)

The LAT found that the claimant was not entitled to a repayment of IRBs due to non-compliance with s. 33 of the Schedule. The claim was initially heard before Arbitrator Kowalski at the Financial Services Commission of Ontario where it was ordered that the insurer pay a weekly IRB. After the arbitration, the insurer was advised that the claimant had been earning income which could reduce the quantum of the IRB to nil. Adjudicator Grant agreed that the insurer could not rely on s. 287 of the Insurance Act to suspend or modify the Order for IRB payments but found that the insurer could suspend IRBs due to the claimant’s non-compliance with s. 33.