S.M. v. Aviva Insurance Canada (18-009096)

The insurer brought a preliminary issue hearing on the grounds that the claimant was barred from disputing his entitlement to NEBs for failure to submit a completed disability certificate certifying that she meets the criterion for NEBs. Although the claimant submitted an OCF-3 within 20 weeks of the accident, it indicated that the claimant did not suffer a complete inability to carry on a normal life. The claimant did not submit any other OCF-3. Vice Chair Farlam agreed with the insurer, finding that a “completed disability certificate” as required by the SABS can only be interpreted to mean completed in a manner that certifies that the claimant meets the criterion for NEBs. As such, the claimant’s claim for NEBs was dismissed.