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H.M. v. Aviva Insurance Canada (17-005588)

  • October 31, 2018

The claimant sought entitlement to IRBs. The only issue in dispute was the quantum of IRBs payable. The claimant submitted that she earned $1,500 gross income in the 4 weeks pre-accident whereas the insurer submitted that based on the evidence, the claimant earned $700 gross income in the 4 weeks pre-accident. Adjudicator Neilson found that the testimony of the claimant, her husband, and her employer about her earning $1,500 in the 4 weeks pre-accident was unreliable because it was not supported by financial documentation. Adjudicator Neilson noted that she preferred the evidence of the insurer and relied on financial documents submitted by the claimant, including her T4 and payroll slips, to conclude that the claimant earned $700 gross income in the 4 weeks pre-accident. Adjudicator Neilson concluded that the claimant had not met her onus of proving a gross income of the higher amount of $1,500 in the 4 week pre-accident period.

Full decision here

TGP Analysis

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