Applicant v. Aviva Insurance Canada (18-000725)

This is a preliminary hearing decision regarding whether the claimant was statute barred from proceeding with an application to the LAT for failure to attend a s. 44 examination. The claimant’s position was that he was unable to attend further s. 44 assessments due to mental and physical health impairments. Adjudicator Watt held that the claimant’s right to proceed with all issues except housekeeping expenses was suspended until the claimant attended the s. 44 assessments requested by the insurer.