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Degroot v. Security National Insurance Company (20-005980)

  • March 26, 2021

The self-employed claimant disputed his entitlement to IRBs. The insurer agreed that the claimant was entitled to IRBs, but argued that the claimant had not provided sufficient evidence to calculate the weekly quantum. Adjudicator Watt held that the claimant had provided sufficient documentation to the insurer, having provided all of the documentation that the CRA required for tax returns, and noted that the insurer had not made any section 33 requests for further documentation. Because the insurer did not have a IRB calculation before the Tribunal, Adjudicator Watt relied on the claimant’s accountant in awarding IRBs plus interest. Adjudicator Watt dismissed the claim for a special award, stating that the insurer’s belief that it required additional records was due to reliance upon its accountant expert.

Full decision here

TGP Analysis

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