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Motor vehicle injury trial with liability admitted. Court found chronic neck and coccyx pain but rejected future earning and housekeeping losses, limiting damages after mitigation and credibility findings.
The Supreme Court of Canada held that vested pension benefits generally are not deducted from wrongful dismissal damages. McLachlin C.J. and Rothstein J. dissented.
The court found a hotel lobby floor unacceptably slippery when wet, held the occupier liable, but also found the plaintiff contributorily negligent. Liability was apportioned 50/50.
The court held the plaintiff could recover only the net cost of special expenses, because the private insurance exception did not apply without proof of consideration paid for the benefits.
Section 2(1)(b) of O. Reg. 676, enacted under the authority of s.265(1) of the Insurance Act, authorizes deduction from mandatory uninsured/unidentified driver minimum limits of amounts received under any valid policy of insurance; the common law private insurance exception does not prevent that deduction in the context of uninsured/unidentified driver coverage because the regulation appropriately limits entitlement and the Great West Life disability payments were not deductible from a tort award under s.267.8(1)2, so deduction under s.2(1)(b) is lawful, resulting in Wawanesa's liability bein…
Source excerpt
The British Columbia Court of Appeal held that social assistance benefits paid to M.B. did not have to be deducted from her past loss award, but interest had to be recalculated under the Court Order Interest Act.
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