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

The insurer brought two preliminary issues in defence of this accident benefits claim: first, whether the claimant was barred from pursing a LAT dispute due to failure to attend IEs, and second, whether the claimant had failed to comply with section 33 requests. Adjudicator Treksler held that the claimant was barred from pursuing income replacement benefits due to her failure to attend IEs that were reasonably requested. In terms of the section 33 requests, Adjudicator Treksler held that the claimant’s failure to answer all questions at an examination under oath did not result in section 33 barring entitlement to accident benefits because many of the questions were issues the insurer already had answers to. Further the requests for documents were made after the insurer had already denied entitlement to income replacement benefits, and were therefore not reasonably required.