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Case Summary

Navage v. Aviva Canada Inc. (May 6, 2014), FSCO A13-0000006 (Mutch)

Lawyer: James M. Brown

This case involved a preliminary issue hearing to determine whether the claimant could proceed to arbitration when she refused to attend for an assessment of her attendant care needs.

The claimant had been injured in two accidents under the SABS-1994, and claimed increased amounts of attendant care and housekeeping benefits. The claimant had obtained her own assessment of her attendant care needs, but refused to attend for an insurer's examination on the basis that it was unnecessary given the evidence the insurer already had within its possession.

On behalf of the insurer, James successfully obtained an order that stayed the arbitration on the grounds of procedural fairness until such time as the claimant attended at the insurer's examination.

Contact James Brown for more details or read the full decision on The FSCO site. Note: a login is required.


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