2 total
The court upheld the refusal to deduct short-term disability benefits and overpayments from damages.
On appeal from a trial judgment in a personal injury case arising from a motorcycle accident, the appellants challenged the trial judge's decisions regarding collateral benefits deductions under the Insurance Act.
Specifically, they contested the trial judge's refusal to deduct an overpayment of income replacement benefits and short-term disability benefits from the jury's award.
The appellants argued that if successful on either issue, the respondent's judgment would fall below their Rule 49 settlement offer, warranting a costs adjustment.
The Court of Appeal upheld the trial judge's decisions on both issues and dismissed the appeal.
Arbitration for statutory accident benefits dismissed due to applicant's failure to attend.
The applicant applied for statutory accident benefits following a motor vehicle accident.
After disputes arose, the applicant applied for arbitration but failed to participate in the process or attend the hearing despite proper notice.
As the applicant bore the onus of proving entitlement and presented no evidence, the arbitrator dismissed the arbitration.
