How Statutory Accident Benefits Can Affect Your Car Accident Case

Posted September 30, 2016

Two recent decisions by the Ontario Divisional Court and the Court of Appeal for Ontario provide a sobering reminder of the necessity of providing clear and unequivocal breakdowns of the amounts received for Statutory Accident Benefits (SABS), including any lump sum settlements.

A similar clear set of jury questions which separates each head of damage into past and also future losses in the tort claim must be provided to allow a judge to reduce the trial award by the corresponding statutory accident benefits, on a benefit-by-benefit basis, pursuant to s. 267.8 of the Insurance Act.

In the Divisional Court decision of Mikolic v. Tanguay 2016 ONSC 71, the plaintiff settled their SABS claim prior to the trial in the tort action for an all-inclu­sive amount of $175,000, with the settlement disclosure notice attributing $77,500 for past and future income replacement benefits and $37,500 for past and future medical benefits.

At the trial in the tort action, the jury awarded $20,000 for past loss of income, $30,000 for future loss of income and $15,000 for future care.

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