S.L. v. Certas Home and Auto Insurance Company (16-000213)

The insurer brought a motion to dismiss a claim on the basis of the claimant’s non-attendance at IEs and due to the overlap with issues previously before FSCO. The IE notices were deemed insufficient; therefore, the insurer’s s. 55 defence did not apply. The claimant was not barred from proceeding with the issues that were originally before FSCO as there was never a determination on those issues, which were withdrawn rather than dismissed.