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Canada Case Law

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Insurance law 2022 BCSC 1752

Sharp v. Song

The court deducted most ICBC Part 7 benefits from a motor-vehicle negligence award, allowed a modest 25% contingency on future disability benefits, and awarded $25,000 management fees plus $15,000 gross-up.

  • Double recovery
  • Benefit set-off under s.83
  • Icbc part 7 benefits
  • Mandatory vs discretionary benefits
  • Present value and discounting
  • Management fees
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Insurance law 2022 BCSC 1338

Singh v. Storey

The court reduced part of a future care award under s. 83 of the Insurance (Vehicle) Act, allowing deductions for several ICBC Part 7 benefits and trimming counselling only partly.

  • Cost of future care
  • Icbc part 7 benefits
  • Section 83 deduction
  • Mandatory vs discretionary benefits
  • Setoff of tort award
  • Icbc-part-7-benefits
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Insurance law 2020 BCSC 1160

Richmond v. Osztovits

The court ordered $13,600 deducted from the plaintiff’s future care award because she was entitled to Part 7 benefits for the same therapies.

  • Section 83 insurance (vehicle) act
  • Part 7 insurance (vehicle) regulation
  • Deduction of benefits
  • Future care costs
  • Present value discounting
  • Icbc part 7 benefits
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Civil procedure 2020 BCSC 355

Guerreiro v. Johnson

The court dismissed the defendants’ application for a second independent medical examination, finding the plaintiff’s injuries had already been disclosed and a further exam would only bolster the defence opinion.

  • Independent medical examination
  • Second ime
  • Expert evidence
  • Discovery
  • Icbc part 7 benefits
  • Independent-medical-examination
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Civil procedure 2018 BCSC 504

Roberts v. Pearson

The court allowed the defendants to amend their response to plead a Workers Compensation Act s. 10 defence, but only if ICBC gave an undertaking to cover lost benefits.

  • Amendment of pleadings
  • Section 10 workers compensation act defence
  • Limitation periods under s.55
  • Undertaking to preserve benefits
  • Icbc part 7 benefits
  • Amendment-of-pleadings
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Civil procedure 2013 BCCA 385

Breberin v. Santos

The Court of Appeal gave directions on leave to appeal, timing, and security for costs, and clarified which challenged procedural and costs orders could be appealed.

  • Leave to appeal
  • Extension of time
  • Security for costs
  • Special costs
  • Production of medical records
  • Independent medical examination
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Tort 2010 BCSC 1649

Plensky v. Di Biase

The court held that $10,000 should be deducted from the jury’s future care award for likely ICBC Part 7 benefits, after tariff limits and contingencies were considered.

  • Future care costs
  • Set‑off/deduction of insurer benefits
  • Icbc part 7 benefits
  • Insurance (motor vehicle) act s.25
  • Regulation s.88 coverage and discretion
  • Future-care-costs
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.