-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
Search Results for: double recovery
– May 13, 2022
<No Deduction of LTD Settlement by the automobile insurance> – May 13, 2022 The MVA client is a full-time employee who can have an access to his long-term disability benefits payable through his work insurance up to 66.67% of his monthly earnings (up to a $5,000 per month). MVA client’s disability benefits were denied and … 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