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ARTICLE · 23 JANUARY 2019

The Deduction Of Accident Benefits In Tort Actions

Miller Thomson
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In the 2018 decisions of Cadieux v. Clouthier and Carroll v. McEwen, the Ontario Court of Appeal clarified the manner in which accident benefits are to be deducted from awards of tort damages.

CanadaInsurance
Chris Blom
Chris Blom
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In the 2018 decisions of Cadieux v. Clouthier and Carroll v. McEwen, the Ontario Court of Appeal clarified the manner in which accident benefits are to be deducted from awards of tort damages.

In the past, there were two approaches. The 2015 case of Gilbert v. South was an example of the strict matching or apples-to-apples approach. In contrast, the 2016 case of Bassandra v. Sforza is an example of the silo approach, which requires the tort award only to match generally with the broad corresponding Statutory Accident Benefits Schedule ("SABS") categories.

As a result of the competing decisions, the Court convened a five-judge panel in order to affirm the silo approach to the deduction of SABS.

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