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Summary Although the arbitrator found the insurer’s expert reports to be flawed in many ways, by relying on them and withholding payment of an IRB, the insurer was not found to have “unreasonably withheld or delayed payments”. As a result, there was no special award in accordance with subsection 282(10) of The Insurance Act.

Summary An insurer is required to inform their insured of potential entitlements and to act in utmost good faith.

Summary While the intent is not for double recovery, and it is hoped that all parties would act honourably, the automobile insurer is responsible for the full cost of expert reports that meet the criteria outlined in section 12(2) of Reg.664 of The Insurance Act.

Summary It is important that in all situations all income sources are considered to accurately calculate the Income Replacement Benefit (“IRB”) payable –whether from multiple jobs or a partial return to work.  This also includes income sources other than wages, such as employer paid benefits.  The difference in the IRB payable can be significant if […]

Summary: Include the income when it is earned, not when it is received.  For real estate agents, this is most often considered to be the date that all conditions are met on the sale, as opposed to the closing date.  So relying on a tax return may lead to errors in the calculation of income replacement […]

Summary: Allocate it to the date or period in which it was earned, not when it was received. It has been our experience that these sources of income are often a source of error in the gross income calculation for income replacement benefits…both in the pre and post-accident periods. How do I allocate this income? Employees […]

Thanks to my dad who inspired me to ensure not all accounting reports read this way. Unlike in the attached cartoon, one of our key goals at ADS Forensics is to provide clear, concise yet credible reports for our clients. We are always happy to provide a sample at your request. For information on ways […]