Summary of Issue: Car Insurance

Decision A-0378.96 Full Text of Decision A-0378.96

FCA confirmed that paragraph 57(2)(d) does not care what form that the government intervention takes: as soon as compensation is paid to a claimant under a provincial automobile insurance plan that provides for the payment of compensation for loss of income, this compensation becomes earnings for the purposes of Reg. 57(2)(d), provided that the other requirements of the paragraph have been met.

Decision 33206 Full Text of Decision 33206

The Commission maintains that compensation from an automobile insurance plan (Ontario No-Fault Automobile Insurance) provided for under a provincial statute constitutes pay. The umpire determined that the compensation in question came from a private insurance policy. Decision appealed before the FCA.

Decision 32736 Full Text of Decision 32736

Compensation of $318.22 per week paid by the Société de l'assurance-automobile du Québec, pursuant to s. 57(2)(d) of the Regulations. Criteria for exception pursuant to 57(2.1) not met: beneficiary accumulated only 4 weeks of insurable employment since accident.

Decision 31397 Full Text of Decision 31397

Claimant in receipt of accident benefits representing lost wages under Ontario's no-fault automobile insurance. The Regulation (par.57(2)(d))is clearly worded to take into account no-fault accident insurance benefits to be allocated (ss.58(11)) to the weeks in which they were paid or payable.

Decision A-0094.94 Full Text of Decision A-0094.94

While payments received pursuant to ss. 12(1) of the Ontario No-Fault Benefits Schedule would clearly be "in respect of actual or presumed loss of income due to injury" within para. 57(2)(d), payments received pursuant to ss. 13(1) would equally clearly not be, since they are not income-related. The question that arises for determination by Umpires in the context of a para. 57(2)(d) inquiry is not whether ss. 13(1) Ontario no-fault payments represent compensation for pain and suffering, but whether or not they represent compensation for loss of income from employment, actual or presumed. CUBs 18443, 21067, 23255, 22427 and 25448 examined. In all of these cases the assumption was made, wrongly, in my view, that all payments made under provincial no-fault insurance plans are compensation for actual or presumed loss of income from employment due to injury from a motor vehicle accident. Where payments under provincial no-fault benefit plans are in issue, a conclusion that payments made in one case are for loss of income from employment can only be reached after determining by reference to provincial legislation the purpose for which such payments were made.

Decision 23985 Full Text of Decision 23985

Refer to: A-0094.94

Decision 25448 Full Text of Decision 25448

Held that payments received under the Ontario No Fault Insurance Plan are earnings. Para. 57(2)(d) is clear and unequivocal that insurance benefits paid or payable under a provincial plan, that do not take into account UI benefits, are earnings.

Decision 23255 Full Text of Decision 23255

Payments from government no fault automobile insurance plans, designed to compensate for actual or presumed loss of wages due to an accident, are earnings if the plan does not take UI into account. The Board's finding that monies were for total disability not tied to loss of wages is erroneous.

Decision 22427 Full Text of Decision 22427

Received $500 a week from Ontario No Fault Insurance Plan from 1-91 to 5-91. The monies received constitute earnings under the UI Act. It is also well established that an error on the part of a representative of the Commission cannot have the effect of amending the Act to pay benefits.

Decision 21067 Full Text of Decision 21067

Claimant in Ontario who ceased to work due to a car accident. Received weekly benefits under the government motor vehicle insurance plan to compensate for loss of wages. The Ontario plan does not take UI benefits into account.

Decision 18443 Full Text of Decision 18443

It is not questioned that the weekly allowances paid by the RAAQ were calculated without taking into account payable UI benefits. Such allowances are therefore considered to be earnings in accordance with Reg. 57(2)(d) and must be distributed over weeks payable in accordance with 58(11).