Applicant v. Aviva Insurance Canada (17-007036)

The claimant sought entitlement to IRBs, occupational therapy treatment, the cost of an in-home occupational therapy assessment, and a special award. The respondent submitted that the claimant was barred from filing a LAT application due to failure to attend a s. 44 assessment, pursuant to s. 55 of the SABS. The s. 44 assessment had been arranged to address entitlement to IRBs and the in-home occupational therapy treatment. Adjudicator Boyce found that the claimant was statute-barred from applying to the LAT for failure to attend a properly scheduled s. 44 IE.