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Ontario appeal court rules insurers not required to provide justification to applicants before exam

Friday, July 07, 2017 @ 7:32 AM | By Paula Kulig

The Ontario Court of Appeal has provided validation to insurers in ruling they are not required to offer a justification when asking applicants claiming benefits to attend an examination under oath.

Eric GrossmanIn Aviva Insurance Company of Canada v. McKeown 2017 ONCA 563, the court allowed the insurer’s appeal and set aside an application judge’s declaration that it must provide a “justification” to compel an applicant to appear at an examination under oath if requested under s. 33(2) of the Statutory Accident Benefits Schedule (SABS), which...