The Court of Appeal for Ontario heard an appeal from a jury verdict and costs endorsement in a personal injury action.
The appellants (defendants) challenged the admissibility of a SPECT scan, the exclusion of attendant care forms for credibility, and jury instructions on causation and damages.
They also appealed the trial judge's refusal to deduct non-earner benefits from the tort award and the costs award.
The Court dismissed the appeals regarding the SPECT scan, attendant care forms, and jury instructions.
However, it allowed the appeal in part, ruling that non-earner benefits are deductible from the past income loss award, clarifying the "silo" approach under the Insurance Act.
The appeal on costs was dismissed, and the respondent was awarded costs for the appeal.
