Case update
On October 29, 2012, the Ontario Court of Appeal upheld the
decision of Herman J. in Martin et al v. Fleming et al, in
which she determined that no ambiguity exists in s. 267.5(7) of the
Insurance Act, which deals with the application of
statutory deductibles. The Court of Appeal confirmed that a
protected defendant (or defendants) is entitled to apply from the
damages apportioned against it, one deductible per accident
notwithstanding the case may involve multiple accidents and/or
actions, with a global assessment of damages.
The panel included Justice Rouleau, Justice Sharpe and Justice
Hoy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
