Watters v. Aviva Insurance Company (19-005152)

The sole issue in dispute was whether the claimant was entitled to a special award under Ontario Regulation 664. The insurer changed its decision with respect to all of the treatment plans in dispute shortly prior to the hearing. The claimant alleged that the insurer ought to be liable for an award because the decisions in dispute were reversed at a late stage in the process. Adjudicator Ferguson disagreed, finding that a late reversal in itself was no suggestive of an unreasonable delay or withholding of payment. He felt that this was a normal consequence of a hearing process, noting that it was not unusual for one side or the other to reverse their position or find a compromise to avoid the necessity of a hearing.