Roger Foisy

The appellant insurer appealed a Licence Appeal Tribunal decision that refused to deduct the respondent's $120,000 long-term disability settlement from her statutory income replacement benefits.

The insurer argued the settlement represented double recovery for income loss.

The Divisional Court dismissed the appeal, upholding the adjudicator's finding that the lump-sum settlement resolved multiple claims, including extracontractual damages, and could not be strictly allocated as an income replacement benefit under section 7(1) of the Statutory Accident Benefits Schedule.

The moving party defendants sought leave to appeal from an interlocutory order dismissing a Rule 21 motion.

The Divisional Court dismissed the motion for leave to appeal without costs, noting that the underlying order was interlocutory and not binding on the trial judge.