The claimant applied to the LAT disputing entitlement to Income Replacement Benefits (IRBs). The insurer argued that the claimant was barred from proceeding to a hearing because she wilfully made a material misrepresentation when she applied for insurance. Section 31(1)(b) states that an insurer is not required to pay an IRB when a person has made or knows of a material misrepresentation that induced the insurer to enter into a contract of automobile insurance or who intentionally failed to notify the insurer of a change in a risk material to the contract. The LAT agreed with the insurer. Here, the claimant failed to include DoorDash as her employer on her OCF-1 even though she was employed by DoorDash at the time of the accident, the claimant spoke English and therefore understood the contents of the OCF-1, the claimant was aware that the use of her vehicle for DoorDash deliveries was prohibited commercial use, and the insurer would not have issued or maintained the insurance policy had it been disclosed. The LAT found that the claimant’s employment with DoorDash was a material fact that would have influenced the insurer’s decision to issue, terminate, or refuse to renew the contract. Therefore, the claimant was not eligible for IRBs.
