16-004395 v Aviva General Insurance, 2017 CanLII 35324

May 15, 2017

Adjudicated by Jeffrey Shapiro

The Respondent brought forth a Motion for costs as a result of the claim that there was evidence that the Applicant lied at his insurer’s examination and EUO by denying a previous work injury. This evidence was presented in the form of a WSIB file that was provided to the Insurer indicating a workplace injury and the Applicant’s abandonment of his work a few weeks prior to the subject accident.

Issue: Respondent’s Entitlement to Costs: The Respondent is not entitled to its costs.

Given the Applicant’s cognitive difficulties, limited English language skills, the findings that he never initiated or pursued a WSIB claim, and the fact that the Insurer had not established that he sustained a significant workplace injury, the Insurer did not establish that the Applicant acted “unreasonably, frivolously, vexatiously, or in bad faith” as required by Rule 19.