General Damages: We Know When They Will Be Reduced by Collateral Benefits; We Just Don’t Know Why
Mar4
The Ontario Legislature works in weird and mysterious ways, sometimes. When it is not prorogued or debating setting inquiries into the cancellation of power plants, the Legislature will sometimes issue laws which seem, well, contradictory. Take the deduction of collateral benefits in car accident cases.
A Woman Walks Into a Bar…
Aug2
A woman walks into a pole that is resting in the back of a parked truck, hits her head and suffers an injury. The Ontario Court of Appeal finds that she was struck by a car. These are essentially the facts in Lewis v. Economical Insurance Group, 2010 ONCA 528, in which Justice Laskin held, [...]