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The court granted a time-limited stay of execution pending an s. 83 hearing, on condition that the applicants pay $100,000 and the plaintiff produce ordered records.
The court adjourned a s. 83 Insurance (Vehicle) Act application because the insurer’s payment evidence was unreliable and awarded uplifted costs to the plaintiff.
The court reduced a s. 83 deduction from a future care award to $25,939, and ordered ICBC to pay $9,061 immediately as a lump sum for future therapy coverage.
The court refused to vary its prior s. 83 ruling and held that ICBC’s long-term Part 7 commitments should be recited in the formal order using concise wording.
The court allowed a partial s. 83 deduction from future care damages, finding ICBC’s undertaking did not displace Pacific Blue Cross primacy for medication benefits.
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.
The court dismissed a post-trial application to deduct Part 7 benefits from a jury award, finding no deduction for special damages and no proven entitlement for future care.
The court refused to deduct long-term massage therapy costs from a tort award under s. 83, but allowed deduction of $1,750 for one year of kinesiology.
The court held that ICBC’s undertaking to pay for ergonomic equipment and occupational therapy made those amounts deductible under s. 83 of the Insurance (Vehicle) Act.
The court declined immediate intervention by former counsel claiming a solicitor’s lien, but adjourned the defendants’ post-trial application and required a separate lien application first.
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