Applicant v. Aviva Insurance Canada (17-001088)

The claimant sought entitlement to two treatment plans. The insurer arranged two IEs, but the claimant did not attend. The insurer raised a preliminary issue, asserting the claimant was not compliant with an IE and therefore barred from bringing a claim before the LAT. Adjudicator Avvy Go reviewed the notice sent to the claimant and determined it was compliant. The claimant was therefore precluded from bringing a claim under section 55. In the interest of fairness, Adjudicator Go adjourned the proceedings for 60 days to allow the IE to take place; should the claimant fail to attend, the LAT proceeding would be dismissed.