-The purpose of s.267.8 is to avoid duplication, or double recovery, in a tort award by allowing the defendants to deduct payments of various types and purposes from tort awards which contain the same or similar heads of damage. -The defendant is entitled to a proper deduction with respect to any income loss claim made … Read More

Statutory accident benefits settlement amounts are deductible from tort awards

<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 … Read More

Involved in unfortunate motor vehicle accidents, slip and falls or workplace accidents?

When you are involved in unfortunate motor vehicle accidents, slip and falls or workplace accidents, one of our priorities is to arrange for your physical, psychological treatments to help you recover from your sustained injuries from those accidents. We arrange multidisciplinary treatments with medical professionals who can cater to your needs – such as, physiotherapists, … Read More