Aviva Insurance Canada v. W.T. (17-004341)

The insurer sought repayment of IE costs, the cost of disability certificate, and various investigation costs based on the claimant not being an occupant in the vehicle at the time of the accident. Adjudicator Ferguson held that the claimant was not an occupant of the vehicle based on inconsistencies in reporting, and that he made a wilful misrepresentation. However, in terms of the repayment requests, the adjudicator held that the Tribunal could not order the claimant to repay the cost of IEs of investigations. Only the cost of the Disability Certificate was ordered to be repaid.