Double Recovery - Receiving Damages Twice - for One Car Accident

By: Bougadis Chang LLP  07-03-2011
Keywords: Insurance, Lawyers, Legal Services

The recent 2010 Ontario Superior Court of Justice case of Anand v. Belanger reviews whether arising from 2003 Ontario car accident;

- a2007 settlement of the plaintiff's LTD (long term disability) claim, with Manulife, for $125,000, all inclusive;

- is to be deducted from the 2010 Trial decision of her car accident lawsuit in which she received about $270,000 (including $25,000 for future income loss and $161,000 in past income loss).

Pursuant to Section 267.8 (1) of the Insurance Act, it is held that there is to be no deduction of the LTD monies from the Trial award of damages. 

See our Bougadis, Chang blog for details.

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