Toll-free: 1-800-563-6348
Blog Posts

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.

 ___
This blog post is presented for information purposes only. The information contained in this post should not be construed as legal advice from Ferguson Barristers or the individual author, nor is it intended to be a substitute for legal advice on any matter. You should not act, or refrain from acting, based on any such content or information without seeking appropriate legal advice from an attorney licensed in your jurisdiction.
Please note that we are only able to provide legal advice to clients of Ferguson Barristers. You may contact us about becoming a client. Any unsolicited information sent to Ferguson Barristers may not be protected by attorney-client privilege.

Get a Consultation*

*Please note: Sending an email to us will not make us your lawyers. You will not be considered a client of the firm until we have agreed to act for you in accordance with our usual policies for accepting clients. Unless you are a current client of FDT LLP, please do not include any confidential information in your email. No information you send us can be held in confidence and no information we provide to you can be treated as legal advice unless and until we have agreed to act for you.