LAT Tales: Section 55 And Consumer Instruction Legislation

The License Appeal Tribunal ("LAT") released a reconsideration decision in Iravani-Fard v. Economical Insurance, 2022 CanLII 109480. The decision addresses the consequences of a claimant's failure to attend insurer examinations, and recognizes the rights granted to insurers by the SABS.

Facts at issue

The claimant was involved in a motor vehicle accident on December 5, 2018. As a result of this motor vehicle accident, the claimant sought to receive accident benefits, including medical and rehabilitation, attendant care and income replacement benefits.

In order to assess the claimant's entitlement to benefits, a number of assessments were scheduled pursuant to s.44 of the SABS. The claimant failed to attend the examinations and notified the insurer through her counsel that she would not attend the examinations. As a result, the insurer brought a motion pursuant to s.55 of the SABS, to bar the applicant from continuing with a LAT application due to her continued