I.P. v. Aviva Canada Insurance (17-000465)

The insurer sought reconsideration of the underlying decision based on the adjudicator’s failure to make a determination on the applicability of section 37(7) (the provision allowing the insurer to not pay IRBs until the claimant attended an IE); the adjudicator had only made an order regarding section 55 (that the claimant had to attend the IE before she could pursue her claim at the LAT). Executive Chair Lamoureux held that the adjudicator erred in failing to address section 37(7). She held that the insurer was not required to pay the claimant IRBs until she attended the requested IE. The order was varied accordingly.