The claimant sought entitlement to IRBs. The insurer argued that the section 31(b) exclusion applied because the claimant intentionally failed to notify the insurer of a material change in risk. The claimant had moved from Quebec to Ontario but did not notify the insurer; the insurer argued that this resulted in the claimant lower premiums than she otherwise would have. Adjudicator Parish accepted the insurer’s position and held that the exclusion applied. The claimant had a valid driver’s licence at the time of the accident and an Ontario address, while her vehicle had Quebec licence plates and was registered in Quebec. There was also evidence that the claimant was working in Ontario as of the date of loss. Finally, the insurer led evidence that the claimant’s premiums would have been higher if the claimant had disclosed her Ontario residency, making the non-disclosure material. Adjudicator Parish held that the Tribunal did not have jurisdiction to grant relief from forfeiture.
