Following a jury trial in a motor vehicle accident case, the court addressed three post-trial issues: (1) whether Canadian Emergency Response Benefit (CERB) payments received by the plaintiff should be deducted from the past income loss award; (2) the amount of partial indemnity costs payable; and (3) the amount of assessable disbursements.
The court held that CERB payments were not deductible as they were not paid "in respect of the incident" under the Insurance Act, and the plaintiff faced potential repayment obligations.
The court awarded partial indemnity costs of $327,700.00 (inclusive of HST) and allowed all claimed disbursements of $167,894.62, including expert meeting costs and home modification reports.
