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ARTICLE · 30 NOVEMBER 2015

Cobb v. Long Estate, 2015 ONSC 6799, November 13, 2015

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Following a four week jury trial, Justice Belch heard the plaintiff's motion to settle terms of Judgment.

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Following a four week jury trial, Justice Belch heard the plaintiff's motion to settle terms of Judgment. The jury awarded $220,000 for all claims including $50,000 for past wage loss and $100,000 for future economic loss.

After deducting collateral benefits and the statutory deductible as well as the "appropriate rate of pre-judgment interest", the defence argued that only $19,310 was owing. The plaintiff argued $157,612 was owing. The two main issues were the deductibility of the accident benefits settlement and the correct statutory deductible.

  • Does a Settlement Disclosure Notice sufficiently differentiate heads of damages for the purpose of tort deductions even if the Release indicates a lump sum?

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