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The traditional understanding has been canvassed in detail in
A
.S. v Aviva Insurance Canada,
2 where the
Tribunal addressed the following as a preliminary issue:
Does the Tribunal have jurisdiction to determine whether the MIG
applies in the absence of an underlying dispute relating to
entitlement to a benefit which is itself dependent upon a
determination of whether the MIG applies?
The Tribunal found that it did not have jurisdiction to
determine whether the MIG applies as a standalone issue. In other
words, an underlying dispute relating to entitlement to a benefit
which is itself dependent upon a determination of whether the MIG