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The court held that the pre-amendment Insurance (Vehicle) Act applied to indivisible injuries and allowed ICBC to deduct $130,639.08 from the jury award.
The court addressed deductions from a future care award, a claimed calculation error, and applications for management fees and tax gross-up in a motor vehicle injury case.
Supplemental personal injury judgment on costs and s. 83 deductions. The court refused a stay, awarded ordinary costs, and deducted $18,376.61 from the award.
The court allowed a partial s. 83 deduction for Part 7 benefits already paid, but refused to deduct claimed future benefits because entitlement was not shown with sufficient certainty.
The court fixed the Part 7 deduction at $5,000, excluded amounts covered by extended health benefits, and limited the effect of an offer to settle on costs.
The court ordered a further orthopaedic IME, but required it to be done by the original defence examiner, Dr. Boyle, not a new expert.
The court struck a claim against an insurer-appointed doctor, finding no pleaded fiduciary or negligence duty and holding witness immunity applied.
The court dismissed a motion to add Republic Western Insurance Company as a defendant, holding the plaintiff had no timely Part 7 claim against it under s. 103.
The court held that an ICBC medical report was a Rule 30 first report because the referral asked about issues tied to the tort claim, so a second orthopaedic exam was refused.
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