Aviva Insurance Company of Canada v. N.S. (17-001880)

The insurer sought repayment of IRBs after the claimant was retroactively approved for LTD benefits. The claimant argued that the insurer was only entitled to recoup the repayment by way of deduction from her weekly IRB payments. The insurer argued that it was entitled to an order for lump sum repayment. Adjudicator Mather agreed with the insurer. She held that the insurer had made its request for repayment within 12 months of the overpayment, and that the insurer was entitled to an order for the lump sum repayment. The SABS did not restrict the insurer to only weekly recovery by way of IRB deductions. The insurer was also entitled to interest on the repayment.