In the recent Licence Appeal Tribunal (“LAT”) reconsideration decision of Foster v Aviva, 2021 ONLAT 19-014657/AABS adjudicator Vice Chair Boyce granted the applicant’s request for reconsideration. In the initial decision, adjudicator Ferguson suggested that the applicant’s receipt of the Canada Emergency Response Benefit (“CERB”) and Canada Recovery Benefit (“CRB”) should be treated in the same manner as employment insurance benefits, or other remuneration from employment, and therefore deductible when calculating an income replacement benefit (“IRB”).
The applicant requested that the LAT review adjudicator Ferguson’s determination of the deductibility of the CERB / CRB for IRB purposes. The applicant requested that the original decision be replaced with a decision that the CERB is not deductible from their IRBs. The respondent, Aviva submitted that it agreed with the applicant and that the LAT erred in determining that the CERB was deductible.