B.K. v. Aviva Insurance Canada (18-007095)

The insurer had requested the claimant’s attendance at an examination under oath. The claimant refused to attend the examination under oath until the insurer had provided the particular of surveillance. The insurer suspended benefits in accordance with section 33. Adjudicator Ferguson held that there was no obligation on Aviva to disclose surveillance particulars under the SABS, so it was not reasonable for the claimant to refuse to attend the examination under oath on that basis. The adjudicator also noted that the examination under oath was scheduled before the LAT application, and the surveillance did not form the basis of any denials of benefits.