H.S.H. v. Aviva Insurance Company of Canada (18-002204)

The claimant sought reconsideration of the Tribunal’s denial of the cost of a catastrophic impairment assessment, arguing that the burden should not be on the claimant and that the “reasonable and necessary” test did not apply to section 25. Adjudicator Reilly dismissed the reconsideration request, holding that the “reasonable and necessary” test applied to each catastrophic impairment assessment, and that the burden was on the claimant to prove that the test was satisfied.