Aviva brought an application arguing that the claimant was not involved in an accident and sought repayment of IRBs in the amount of $22,647.59. Aviva relied on surveillance showing the claimant attending his place of employment on several occasions as well as review of the police report from the January 11, 2019 accident that showed that the claimant was not listed as an occupant of any vehicles involved in the accident. The claimant had said he would call two occupants of the vehicle he was in at the hearing, but then at the hearing, did not call anyone and relied on his own testimony. Aviva relied on the statements from the attending police officer and the other driver involved in the accident. Adjudicator Grant found the evidence of the police officer and other driver compelling. Adjudicator Grant found that Aviva acted diligently and requested repayment within the designated time and that the claimant wilfully misrepresent his claim for accident benefits.
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