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Aviva Insurance Company of Canada v McKeown, 2017 ONCA 563

On July 4, 2017, the Ontario Court of Appeal in Aviva Insurance Company of Canada v McKeown ruled that insurers do not have to provide justification for their decision to request an examination under oath (“EUO”) pursuant to Section 33 (4) 3 of the Statutory Accident Benefits Schedule (“SABS”).

The court reviewed the words “reason or reasons” in conjunction with the object of the Act and the intention of the legislature. The court rejected the application judge’s interpretation of the legislative objectives, and accepted that the legislative objectives in creating the EUO were to reduce insurance costs, address fraud and increase accountability within the system.

The Court of Appeal determined that the “reasons” for the examination are embedded in Section 33 (4) of the Act. The “reasons” are procedural in nature and can be satisfied by ensuring the insurer takes reasonable steps to provide notice of date and location of the examination, the applicant is entitled to be represented in the manner described, and that the scope of the examination will be limited to matters that are relevant to the applicant’s entitlement to benefits.  “A general statement of the purpose of the EUO that gives the applicant notice of the general type of questions that will be asked is sufficient.”

If you are being asked to attend an examination under oath contact us online for a free legal consultation or by phone at 1-800-563-6348 to speak directly with one of our lawyers before attending.

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