N.L. v. Aviva Insurance Canada (18-011431)

The claimant sought reconsideration of the Tribunal’s order that her non-attendance at an IE barred her from disputing entitlement to a psychological assessment. She argued that the Tribunal erred by not permitting the dispute to proceed. Adjudicator Maleki-Yazdi dismissed the reconsideration. She held that the Tribunal did not make any reversible errors. The claimant did not have a reasonable explanation for not attending the scheduled IE nor did she provide her availability for a rescheduled IE. For the same reasons, the Tribunal did not err by not exercising its discretion to allow the hearing to proceed.