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P.M. v. Aviva Insurance Canada (18-009518)

  • March 29, 2021

The insurer submitted a request for reconsideration arising out of a decision which found that the claimant was entitled to payment of IRBs during a period of section 33 suspension, arguing she had not provided a reasonable explanation for her non-compliance (namely that she believed the insurer could access the information). The insurer argued that it was not possible for the claimant’s explanation to be “reasonable” because it was only offered at the hearing for the first time and there was not objective evidence to corroborate it. Adjudicator Makhamra dismissed the insurer’s request for reconsideration, noting that the insurer provided no authority to support its position that the timing of the claimant’s explanation was too late to find it reasonable or that the Tribunal erred in finding the claimant’s examination to be reasonable.

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits, Section 33, Reconsideration
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