ONCA: Justification Is NOT Required For EUO Request

The Court of Appeal has determined that an Insurer is not required to provide a justification for its request that a claimant attend an examination under oath under section 33 of the SABS.

In Aviva Insurance Company of Canada v. McKeown et. al., Aviva requested that six claimants attend EUOs. The claimants denied Aviva's request and demanded that Aviva provide a "reason" in the sense of a "justification" for its request that they attend EUOs. Aviva brought an application in the Superior Court for a declaration that a justification was not required to compel a claimant to attend an EUO.

The application judge dismissed the application and found that an Insurer must provide a "justification" to compel a claimant to attend an EUO. Aviva appealed.