Aviva Insurance Company of Canada v McKeown, 2017 ONCA 563 – This case resulted from an appeal from Aviva Insurance Company of Canada (“Aviva”) regarding notice an insurer must provide to examine under oath (“examination) an applicant claiming benefits under the Statutory Accident Benefits Schedule – O. Reg 34/10 (the “Schedule”). At issue was whether the application judge correctly interpreted section 33(4)3 of the Schedule and the meaning of the phrase: “[t]he reason or reasons for the examination.”
Compelling Attendance at an Examination Under Oath Requires Notice but not Reason
August 2017
Kelly Santini LLP, Ontario
