Ontario's Licence Appeal Tribunal has dismissed a school bus driver's bid for income replacement benefits against Definity Insurance Company, citing weak evidence.
Adjudicator John Mazzilli released his decision on May 14, 2026 in Bowerman v. Definity Insurance Company, 2026 ONLAT 25-001271/AABS. The ruling is a useful refresher for claims handlers on the evidentiary burden applicants carry under the Statutory Accident Benefits Schedule.
Katlin Bowerman was involved in an automobile accident on October 25, 2023, and sought an income replacement benefit of $400 per week from November 7, 2023 onward. Definity denied the claim. Bowerman, who worked as a charter school bus driver, said the accident left him unable to sit for prolonged periods because of neck, shoulder, and back pain, and that his medications made bus operation unsafe.
The tribunal was not persuaded. Mazzilli found that Bowerman "failed to provide or identify the essential tasks of his pre-accident employment as a bus driver" - a foundational requirement under section 5(1) of the Schedule. He also did not spell out which tasks he could no longer perform, or to what extent.
Timing was another sticking point. Bowerman attended an emergency department on the day of the accident and saw his family physician two days later, but he did not provide a completed OCF-3 disability certificate to Definity until December 8, 2023 - approximately two and a half months post-accident. The OCF-3 itself was dated December 7, 2023. Under section 36(3) of the Schedule, an applicant who fails to submit a completed disability certificate is not entitled to the benefit for any period before the certificate is filed. Mazzilli noted the applicant did not explain the delay, referencing the Ontario Superior Court decision in Clouthier v. Co-Operators, 2025 ONSC 6798.
The seven-day window immediately after the accident was telling. On October 27, 2023, Bowerman was prescribed Advil/Tylenol and Flexeril for seven days and was advised not to drive or operate equipment after taking Flexeril. The adjudicator accepted that Bowerman could have qualified for an IRB for that seven-day period based on medication side effects - but because no OCF-3 had been filed at that point, and no explanation for the non-compliance was given, the entitlement window closed.
The medical evidence also worked against the applicant. Bowerman's physiotherapist, Marc Fortin, had completed the OCF-3 and a follow-up letter dated January 4, 2024, recommending additional time off. But Mazzilli placed little weight on Fortin's opinion, finding it inconsistent with records from Bowerman's family medical clinic, Primacy Medical Centre, and from Health Sciences North - neither of which suggested he needed time off work. Notably, Bowerman had told his family doctor he would take Flexeril at night so he could keep working during the day.
By contrast, the tribunal gave full weight to Definity's section 44 assessments - a report from physician Dr. Khaled and a functional abilities evaluation by physiotherapist Michael Drinkwater, both dated June 27, 2024. Dr. Khaled's opinion that Bowerman did not suffer a substantial inability to perform his pre-accident employment aligned with the family physician's records.
Bowerman also did not advance submissions on post-104-week entitlement under section 6(2)(b), which requires a complete inability to engage in any employment for which the applicant is reasonably suited by education, training, or experience. That portion of the claim was likewise dismissed.
With no benefits owing, the tribunal ordered that no interest was payable. The application was dismissed.
