J.V.M v. Aviva General Insurance Company (18-009606)

A preliminary issues hearing was held to determine whether the insurer was barred from claiming a repayment of IRBs. The claimant argued that the insurer’s request was made outside of the 12 month period permitted by section 52. Adjudicator Grant held that the insurer was not barred from claiming a repayment of IRBs, as the claimant received an overpayment of IRBs during a period in which she was employed and the insurer provided repayment notice pursuant to s. 52 of the SABS. He noted that the 12 month period was not with reference to the first payment of IRBs, but rather the entire period over which the repayment is claimed. A case conference was ordered to address the issue of repayment of IRBs and the substantive issues in dispute.