Aviva General Insurance Company v. Ghandahari (19-009382)

The insurer requested repayment as a result of benefit payments made based on the claimant’s wilful misrepresentation when she failed to disclose that the accident occurred during the course of her employment and she made a claim for benefits from the WSIB. The claimant did not participate in the hearing. Adjudicator Chakravarti agreed with the insurer that the claimant made wilful misrepresentations when she purposely failed to disclose that her accident occurred during the course of her employment, and again when she advised the insurer that she was commencing an action against a third party (and then failed to tell the insurer that she did not do so). As such, Adjudicator Chakravarti held that the claimant was liable to repay the insurer the benefits, with interest.