Is a claimant entitled to an income replacement benefit from the date that it received the applicant’s election of a non-earner benefit?

Ontario, Canada


The following excerpt is from 17-005302 v Aviva Insurance Company of Canada, 2018 CanLII 83535 (ON LAT):

The respondent argues that it is not obliged to pay the applicant an income replacement benefit until the date that it received the applicant’s election of an income replacement benefit rather than a non-earner benefit. It relies on my decision in 17-002496 v. Aviva Insurance Company (“2496”).[8] I find the respondent has misinterpreted this decision.

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