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Court allowed only limited s. 83 deductions for Part 7 benefits, reducing some items for certification uncertainty and fee limits, and refusing deductions for home care, assisted living, and aids.
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.
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.
The court deducted specified Part 7 benefits from a future care award, finding ICBC had unequivocally agreed to pay them and that the challenged treatments were rehabilitative.
The court determined deductions under s. 83 of the Insurance (Vehicle) Act for Part 7 benefits, allowing some past-care and medication deductions but rejecting future physiotherapy.
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