Category Archives: Collateral Benefits

Various types of “collateral benefits” (e.g., statutory accident benefits, disability insurance, CPP, etc.)

CPP and HOOP Benefits Held Not Deductible from Income Loss Damages

In Demers v. B.R. Davidson Mining & Development Ltd., Mr. Justice Douglas C. Shaw has held that, for the period November 1, 1996 to September 30, 2003, CPP benefits are not deductible from an award of tort damages in a … Continue reading

Posted in Collateral Benefits, Damages | 2 Comments

C.A. Clarifies Requirements for Non-earner Benefits

It was apparent from its ruling yesterday in Heath v. Economical Mutual Insurance Company, that the Court of Appeal was not very impressed with the trial decision of Mr. Justice John C. Kennedy. The plaintiff had been involved in a rear-end … Continue reading

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C.A. Upholds Big SABS Judgment

This week, the Court of Appeal released its ruling in Monks v. ING Insurance Company of Canada. This was a claim for statutory accident benefits brought by, ironically, a woman who, prior to her injury, had worked in the insurance industry. … Continue reading

Posted in Auto, Collateral Benefits, Insurance News | 6 Comments

Must Insurer Maintain “Firewall” Between Tort and No-Fault Claims?

In Trecartin v. Pilot Insurance Company, Mr. Justice George T. Valin considered the position of an insurer defending both a tort action and an accident benefits claim brought by the same plaintiff. In the no-fault action, the insurer, Pilot Insurance, was … Continue reading

Posted in Auto, Collateral Benefits, Discovery, Insurance News, Practice and Procedure, Privacy, Privilege | 2 Comments

Death Benefits Not Deductible from Tort Damages

In brief supplementary reasons, given in Wright v. Hannon (the original reasons for judgment can be accessed here), Mr. Justice Randall S. Echlin held (or perhaps “confirmed” would be a better word), that statutory accident death benefits are properly characterized as … Continue reading

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ODSP Benefits Not Deductible from MVA Damages

In Moss v. Hutchinson & Associates, Mr. Justice Peter Howden has ruled that benefits received by a plaintiff from the Ontario Disability Support Program (“ODSP”) are not deductible from an award of tort damages. The action arose out of a … Continue reading

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$400,000 in Interest Payable on 10 Years’ of Accident Benefits Improperly Terminated in 1997 (but Plaintiff had Fully Recovered by 1998!)

A new decision of the Ontario Superior Court is a painful reminder to auto insurers of the importance of following the correct procedure in terminating statutory accident benefits. The failure of the insurer to use the correct form of notice … Continue reading

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C.A. Says Son In Mother’s “Control” Is Not Within Her “Care”, For SABS Purposes

In Oxford Mutual Insurance Company v. Co-operators General Insurance Company, released today, the Court of Appeal had to decide whether a claimant was “principally dependent” on his mother at the time of being injured in a motor vehicle accident. If … Continue reading

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Chronic Pain Plaintiff with “Questionable” Credibility “Just Barely” Meets Threshold

ADDENDUM Since our original post about this case, we were advised by Doug Smith, counsel for the defence, about some additional and pertinent facts. His comment appears at the end of this post but, in a nutshell, he told us … Continue reading

Posted in Auto, Collateral Benefits, Damages, FLA, Insurance News, Threshold | 1 Comment

C.A. Says Insurers Can’t Sue to Challenge CAT DAC Finding, But Insureds Can

In a significant decision today, the Court of Appeal dismissed an appeal by Liberty Mutual Insurance Company from a ruling of Mr. Justice Geoffrey Morawetz, who had dismissed a lawsuit brought by Liberty, to dispute a CAT DAC assessment of … Continue reading

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