The claimant appealed the Tribunal’s decision that he was not entitled to IRBs because he was receiving WSIB at the time of the accident rather than income from an employer. The Court allowed the appeal, holding that the claimant was an employed person at the time of the accident, even though he was not receiving income directly from his employer. The claimant was participating in a retraining program through his employer and WSIB, and intended to return to work, had the car accident not occurred. The Court reasoned that the Tribunal’s interpretation of the term “employed” was too narrow and defeated the consumer protection nature of the SABS.
