<Mikolic v. Tanguay 2016 ONSC 71>
-This case represents no double recovery is allowed in the motor vehicle tort awards.
-S.267.8 of the Insurance Act was enacted for the purpose of eliminating double recovery in the tort recovery.
-The trial judge declined to deduct the statutory accident benefits settlement amount accepted by the plaintiff for past and future income replacement from the tort award.
-The trial judge also declined to deduct the plaintiff’s past and future statutory accident benefits medical benefits from the tort award.
-It was held that the trial judge erred in declining to make deductions on the basis that there was no evidence as to what amount of statutory accident benefits settlement constituted future payments.
-It was held the defendant’s appeal was allowed.
Collateral benefits
Income loss and loss of earning capacity
267.8 (1) In an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile, the damages to which a plaintiff is entitled for income loss and loss of earning capacity shall be reduced by the following amounts:
1. All payments in respect of the incident that the plaintiff has received or that were available before the trial of the action for statutory accident benefits in respect of the income loss and loss of earning capacity.
2. All payments in respect of the incident that the plaintiff has received or that were available before the trial of the action for income loss or loss of earning capacity under the laws of any jurisdiction or under an income continuation benefit plan.
3. All payments in respect of the incident that the plaintiff has received before the trial of the action under a sick leave plan arising by reason of the plaintiff’s occupation or employment. 1996, c. 21, s. 29.
Health care expenses
(4) In an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile, the damages to which a plaintiff is entitled for expenses that have been incurred or will be incurred for health care shall be reduced by the following amounts:
1. All payments in respect of the incident that the plaintiff has received or that were available before the trial of the action for statutory accident benefits in respect of the expenses for health care.
2. All payments in respect of the incident that the plaintiff has received before the trial of the action under any medical, surgical, dental, hospitalization, rehabilitation or long-term care plan or law. 1996, c. 21, s. 29.
