Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 21-005342/AABS
In the matter of an application pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8, in relation to statutory accident benefits.
Between:
Scott Smith
Applicant
and
Intact Insurance
Respondent
PRELIMINARY DECISION
VICE-CHAIR: E. Louise Logan
APPEARANCES:
For the Applicant: Maciek R. Piekosz, Counsel
For the Respondent: Marni Miller, Counsel
HEARD: By Way of Written Submission
REASONS FOR DECISION
BACKGROUND
1The applicant, Scott Smith, was involved in an automobile accident on August 26, 2016, and sought benefits from the respondent, Aviva General Insurance Company, pursuant to the Statutory Accident Benefits Schedule Effective September 1, 2010 (including amendments effective June 1, 2016) (“Schedule”).1
2As a result of the accident, the applicant sustained injuries and sought treatment. In December 2019, the applicant submitted an Application for Determination of Catastrophic Impairment (“OCF-19”) to the respondent. The respondent scheduled two Insurer’s Examinations (“IEs”), pursuant to section 44 of the Schedule. The applicant attended these IEs, but, when the respondent requested further examinations, he refused to attend.
3The respondent has denied certain benefits. In response, the applicant submitted an application to the Licence Appeal Tribunal - Automobile Accident Benefits Service (“Tribunal”).