Ontario Trial Lawyers call for an immediate investigation into the conduct of Aviva Insurance by Ontario's insurance regulator

"Formal complaint filed after adjudicator continued to process insurance disputes after accepting Aviva job offer"

TORONTO, Aug. 3, 2023 /CNW/ - The Ontario Trial Lawyers Association (OTLA) calls for an immediate investigation into the conduct of Aviva Insurance and its subsidiaries. 

OTLA has learned that Aviva hired government insurance adjudicator, Thérèse Reilly, when she was employed with the Licence Appeal Tribunal (LAT), the quasi-judicial body that handles insurance claims disputes. At issue is the troubling revelation that Reilly was offered and accepted a position with Aviva Insurance in June 2022 but stayed with the LAT until November of that year, rendering more than ten decisions, all in favor of insurance companies, including Aviva Insurance.

"This unbelievable situation shocks and saddens me. Many of the people affected by these conflicts of interest do not have lawyers and would have no idea how they can go about trying to reverse this injustice," said OTLA President Laurie Tucker. "The other insurance claimants have already incurred substantial legal fees to adjudicate their disputes and will now incur additional legal fees to try to re-litigate them," Tucker added.

OTLA has filed a formal complaint against Aviva with the Ontario insurance regulator, the Financial Services Regulatory Authority (FSRA).

"The Financial Services Regulatory Authority of Ontario, or FSRA, has a responsibility to act to ensure the integrity of the auto insurance dispute process," said Tucker. "Aviva would have known that the adjudicator handling their disputes had accepted their employment offer but apparently did not say anything. Instead of stepping forward with these ethical concerns, Aviva allowed these hearings to proceed and decisions to stand without a word".

Former adjudicator Reilly is a lawyer licensed to practice law in Ontario. David Wilson and Meghan Hull Jacquin, two OTLA members who represented accident victims whose cases were heard by Ms. Reilly during the relevant time period, have initiated a complaint with the Law Society of Ontario into Ms. Reilly's conduct.

"We encourage the Law Society to expedite these complaints. OTLA has very serious concerns about whether Ms. Reilly failed to meet the high ethical and professional standards expected of lawyers under the Rules of Professional Conduct in Ontario," Tucker said.

OTLA also has concerns about the LAT's policies and procedures regarding adjudicator bias and conflicts of interest. OTLA calls on the Ontario Attorney General to investigate this issue and take immediate measures to ensure consumers who bring disputes before the LAT are properly protected from adjudicator bias.

"How many more adjudicators are out there who have similar conflicts of interest? Maintaining public confidence in our government process and adjudication of insurance disputes is fundamental. Allowing insurers to engage in deceptive practices has a chilling effect and will continue to erode the trust in our justice system. Such seeming blatant disregard for what is right, and fair must end and those adversely affected must be fully compensated," Tucker added.

About the Ontario Trial Lawyers Association: Founded in 1991, the Ontario Trial Lawyers Association (OTLA) is an organization of more than 1,300 plaintiff lawyers, law clerks, articling students and law students. www.otla.com.

• Former LAT Adjudicator Thérèse Reilly worked as an adjudicator for the LAT from May 2017 to November 2022.
• According to the LAT, in May 2022, Ms. Reilly applied for the position with Aviva, and a conditional offer was made and accepted in June 2022.
• While still employed by the LAT, Ms. Reilly continued to hear cases and render decisions, after applying for and accepting employment with Aviva, including decisions involving Aviva Insurance.
• To be clear, Ms. Reilly rendered thirteen decisions between May 2022 and November 2022 involving disputes between individual claimants and their insurance companies. All of these decisions were decided in favour of insurance companies.
• Ms. Reilly left the LAT in November 2022 and started to work for Aviva Trial Lawyers in December 2022.
• Lawyer David Wilson, who represented one of the claimants, wrote to the LAT to raise concern and only then did the LAT even consider it to be an issue.
• Months later, LAT Associate Chair, Sara Mintz, responded and only offered, in June 2023, to initiate a reconsideration of that decision and one other that OTLA is aware of.
• The LAT has put the onus on the applicant (the claimant) to make submissions on whether a new hearing should be ordered. The applicant will bear the cost of requesting a new hearing.
• OTLA wrote to Ms. Mintz on June 23, 2023, urging her to initiate a similar review of all decisions made by Ms. Reilly during the relevant time period and to initiate a review of decisions made by two other adjudicators who have since left the LAT and are now employed by Aviva Insurance and Definity Insurance.
• OTLA has also called on Ms. Mintz to implement policies and procedures for adjudicators that set out the adjudicator's ethical obligations when applying for employment outside the LAT.
• The LAT indicated this week that they have investigated the issue and have been in contact with the Integrity Commissioner to investigate this issue.

SOURCE Ontario Trial Lawyers Association