Lawyers’ association issues statement calling on regulator to investigate Aviva

Decisions made by former License Appeal Tribunal (LAT) adjudicators, now employed by Aviva Insurance and Definity Insurance are being questioned by the Ontario Trial Lawyers Association (OTLA) and the OTLA is encouraging the LAT to initiate a review of all decisions made by the adjudicators, after it learned that Aviva hired one who continued to adjudicate disputes, all in favour of insurance companies, after accepting the insurance company position.

The OTLA has called for an immediate investigation into Aviva’s conduct specifically, after it learned that Thérèse Reilly was offered and accepted a position in June 2022, but stayed with the LAT until November of that year, rendering 13 decisions, all in favour of insurance companies, including Aviva.

An Aviva spokesperson in a statement to the Insurance Portal, says that Reilly is no longer employed with Aviva, effective June 22, 2023.

“It did not come to Aviva’s attention that former adjudicator Reilly continued to hear LAT cases involving Aviva after receiving and accepting a conditional offer of employment until after those LAT cases had been decided, and the issue was raised by the LAT. Based on our knowledge, we believe adjudicator Reilly ought to have recused herself from any matters involving Aviva in the circumstances,” they state. 

“Notably, the employees of Aviva that worked on and had decision making roles on the four Aviva cases did not have knowledge of this individual’s impending employment with Aviva while the files were being heard.” They add that Aviva has fully cooperated with the LAT in its review and will continue to do so.  “Aviva is prepared to work with all parties to have the relevant Aviva cases reviewed, and to the extent required reheard as quickly and efficiently as possible, to ensure the integrity of the auto insurance dispute process and so our customers have confidence in the decisions made.” 

The OTLA has also said that the LAT has put the onus on applicants to make submissions on whether new hearings should be ordered in their respective cases. “The applicant will bear the cost of requesting a new hearing.”

Some accident victims whose cases were heard by Reilly during the relevant time have initiated a complaint with the Law Society of Ontario. The OTLA has also filed a formal complaint against Aviva with the Financial Services Regulatory Authority of Ontario (FSRA).