NZ v Economical Insurance Co, 2020 CanLII 63563 (ON LAT)
The applicant was injured in a motor vehicle accident. Due to his inability to work, he applied for Income Replacement Benefits (IRBs). When the insurer declined to pay him IRBs he applied to the Tribunal, arguing that he was entitled to benefits and a special award for the insurer’s unreasonable conduct.
The Tribunal found that while that applicant was entitled to weekly payments of IRBs, he was not entitled to a special award. The insurer reasonably withheld payments because surveillance evidence and social media evidence showed that the applicant was still involved with his company. For instance, a search of his social media posts found that the applicant responded to comments made on the company’s Facebook page following the accident.
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