The preliminary issue in this matter was whether the claimant was barred from commencing a proceeding because she failed to comply with Section 44 of the Schedule by not attending insurer’s examinations. Adjudicator McGee dismissed the application due to the claimant’s failure to attend the IEs. The claimant submitted that she was not required to attend the insurer’s examination because the requests were made improperly and in bad faith and were an abuse of process. Adjudicator McGee disagreed, stating that the insurer’s rationale followed the precedent set in M.B. v. Aviva Insurance Canada, using straightforward language capable of enabling an unsophisticated person to determine whether to accept or refuse the request, and outlining the information the insurer did not have about the claimant’s condition. Further, Adjudicator McGee stated that nothing in the Schedule requires an insurer to accept at face value the medical documentation an insured person provides in support of a claim. Section 44 establishes a broad right to request Insurer’s Examinations by a regulated health professional of the insurer’s choosing.
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