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Hou v Aviva General Insurance Company (25-000946)

  • January 8, 2026

The claimant was involved in an automobile accident in August 2023. He applied to the LAT to dispute IRB quantum and entitlement to medical benefits and a special award. The LAT found that the IRB quantum calculated by the insurer was correct as it was based on the self-employed claimant’s income in the last fiscal year. The LAT found that IRBs were not payable for the period prior to submission of an OCF-3, and also not payable for the period in which the claimant failed to comply with s. 33 requests for documents that were reasonably required to assess entitlement to IRBs. S. 33 suspensions of benefits were not upheld for periods related to requests that were not considered reasonable. The claimant was found to be entitled to part of the balance of an OCF-18 that was partially approved up to the MIG limits, but the LAT found that the amount proposed for a re-assessment was not reasonable and necessary. The LAT found that the claimant was entitled to a special award as the insurer unreasonably delayed approval and payment of IRBs

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits, Medical Benefits, Special Award, Section 33
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