-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
<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
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