Aviva Insurance Company of Canada v. McKeown et al., 2016 ONSC 6017
This application, brought by the insurer, was a test case on the issue of whether a justification is required to compel a person claiming statutory accident benefits to attend at an examination under oath if the insurer requests one pursuant to subsection 33(2) of Statutory Accident Benefits Schedule – O. Reg 34/10 (“SABS”). At the core of the application was the requirement under subsection 33(4) of the SABS that the insurer give the insured advance notice, including “a reason or reasons” for the examination.