Toronto, Ontario — The Ontario Trial Lawyers Association (OTLA) issued a press release on August 3, saying it had learned of the “troubling revelation” that Aviva Insurance hired Thérèse Reilly, a government insurance adjudicator, while she was employed with the Licence Appeal Tribunal (LAT), and that she had been involved in a number of case decisions involving her future employer between May 2022 and November 2022.
“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 favour of insurance companies, including Aviva Insurance,” wrote the OTLA in its press release.
The OTLA called for an immediate investigation into the conduct of Aviva Insurance and its subsidiaries.
In its timeline, the OTLA says Reilly worked as an adjudicator for the LAT from May 2017 through November 2022. In May 2022, she applied for a position with Aviva; a conditional offer was made and accepted in June 2022.
Reilly continued to hear cases and render decisions while still employed by the LAT and after accepting the role with Aviva. Some of the decisions involved her future employer.
The OTLA said Reilly rendered 13 decisions involving claimants and their insurance companies between May 2022 and November 2022. The lawyer group noted that all of the decisions were in favour of insurance companies.
In November 2022, Reilly left the LAT and began employment with Aviva Trial Lawyers in December 2022.
It was only after a claimant’s lawyer raised the concern that the LAT considered it an issue.
An Aviva spokesperson said they were not aware Reilly continued to oversee cases involving insurance companies until after they had all been decided. Her employment with the insurer ended in June 2023.
The LAT claims that they were unaware of Reilly’s employment plans with Aviva, both before and after she left the tribunal. Aviva told Insurance Business that it was “prepared to work with all parties to have the relevant Aviva cases reviewed and to the extent required reheard as quickly as possible.”
The OTLA wants the LAT to implement a policy where adjudicators cannot be employed by companies with a vested interest in collision claims. The association also wants more information on policies the LAT has for adjudicators that may encounter conflicts of interest or perceived cases of such.
Reilly issued a statement, where she said she shared the OTLA’s concerns, “particularly the lack of policy regarding disclosure of potential employment and recusing oneself from the cases of a potential employer.”
She agreed that the LAT should implement policies and procedures for adjudicators regarding their ethical obligations when seeking outside employment. She said there was no information relayed to her regarding any conflicts until after employment ended this past June.
Reilly also said Aviva should reconsider its policies and procedures regarding adjudicators with offers of employment.
