Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Court of Appeal set aside a 20% contingency reduction to Part 7 deductions from a future care award, finding it unsupported by evidence of non-payment risk.
The court determined which Part 7 benefits and related payments must be deducted from a personal injury damages award, while rejecting deduction of uncertain future disability benefits and yoga costs.
The Court of Appeal held that future massage therapy costs had to be deducted as Part 7 benefits, and that ICBC’s written waiver of ongoing certification was valid.
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 held the plaintiff beat the defendants’ settlement offer after accounting only for deductible no-fault benefits, and awarded costs throughout.
The court held that MPI could advance a subrogated claim for a permanent impairment benefit, but the benefit was similar to B.C. accident benefits and fell within s. 83 of the IVA.
The court held that Matilda v. MacLeod still governed and dismissed two subrogation applications by Progressive seeking reimbursement of benefits paid to the Middletons.
The court held that a claimant who once qualified for Part 7 TTDs may revive them after returning to work if still totally disabled from the original accident.
The court held Saskatchewan’s Automobile Accident Insurance Act remains substantive law, so it applies in British Columbia and the plaintiff’s declaration was dismissed.
The court held that Western Assurance could not rely on s. 57(1.1) of Ontario’s Statutory Accident Benefits Schedule to limit benefits under the policy.
Explore more
