H.K.C. v. Aviva Insurance Company (18-011956)

The insurer sought reconsideration of the Tribunal’s decision that a formal psychological diagnosis was not required for removal from the MIG. Adjudicator Johal dismissed the reconsideration. She found no error in the Tribunal’s decision and noted that the Supreme Court’s decision in Saadati v Moorhead supported the conclusion. She also rejected the insurer’s argument that other case law from the Tribunal was binding on her, noting that no adjudicator was bound by the decision of another member of the Tribunal.