Applicant v. Aviva Insurance Canada (17-007683)

The claimant sought payment for IRBs. The respondent brought a preliminary issue motion seeking to bar the claimant from commencing her application because she failed to attend IE assessments. Adjudicator Ferguson concluded that the insurer’s IE notices were compliant with s. 44 of the SABS. Adjudicator Ferguson concluded that the claimant’s application was not allowed to proceed until she attended IEs requested by the insurer to assess the claimant’s claim for IRBs.