The insurer moved for summary judgment dismissing an action for non-earner benefits brought by an insured who had previously elected and received income replacement benefits after a motor vehicle accident.
The court held that s. 36 of the Statutory Accident Benefits Schedule barred recovery of non-earner benefits for any period during which income replacement benefits had already been paid.
However, the legislation did not preclude concurrent actions seeking income replacement benefits and non-earner benefits for the period after the insurer terminated the income replacement benefits, with the ultimate entitlement to be determined at trial.
Partial summary judgment was therefore granted only for the period when income replacement benefits were actually paid.
