S.R. v. Aviva Insurance Canada (17-004556)

The insurer argued that the claimant was barred from seeking IRBs due to the limitation period. It had denied IRBs when the claimant returned to work. The denial letter stated that if the claimant was off work again due to injuries, the insurer would require an updated Disability Certificate. Adjudicator Ferguson held that the denial was not clear and unequivocal because it appeared that the claimant remained entitled to IRBs if she had to leave work due to her injuries. The claim for IRBs was allowed to proceed.