"Trust" It or Lose it: Future Collateral Benefits In Motor Vehicle Accident Jury Trials

A staple of every well written Statement of Defence includes the plea for entitlement to the benefits of all insurances provided pursuant to section 267 of the Insurance Act. Where a Plaintiff receives payments for collateral benefits after the trial of an action, those sums are to be held in trust, and paid, to the persons from whom damages were recovered in the action. These amounts are not trivial, nor should they be overlooked. They include all payments received after the trial for:

1. Statutory accident benefits (“SABS”) in respect of income loss or loss of earning capacity,
2. Income loss or loss of earning capacity;
3. A sick leave plan arising by reason of occupation or employment;