The plaintiffs appealed a Rule 21 motion decision determining that where a plaintiff is involved in two motor vehicle accidents and the actions are tried together, the statutory deductible under s. 267.5(7) of the Insurance Act applies to each action individually.
The Court of Appeal agreed with the motion judge that the plain meaning of the provision requires the court to determine general damages for each action and then reduce that amount by the statutory deductible.
The appeal was dismissed.
