J.D.S. v. Aviva Insurance Canada (18-002529)

The claimant sought entitlement to a speech language pathology assessment. He failed to attend an IE scheduled by the insurer; the insurer argued that the claimant was barred from applying to the LAT in accordance with section 55. Adjudicator Johal agreed with the insurer and concluded that section 55 applied. The IE notice provided the requisite information and the IE request was reasonably necessary.