Legal & Industry Insights
Detailed insider views on legal trends and outcomes.
ONCA confirms Non-Earner Benefits are deductible from a tort past income loss damages
The ONCA in Kolapully v Myles, 2024 ONCA 350, has confirmed that non-earner benefits under the O. Reg. 34/10: Statutory Accident Benefits Schedule (“SABS”), are deductible from past income loss damages in tort. The Court found that non-earner benefits fall in the silo for income replacement benefits and are thus deductible. Accordingly, the Court held that the plaintiff’s receipt of $95,000 in non-earner benefits is deductible from the $200,000 damages award for past income loss in tort, reducing the award to $105,000. The Court provides a helpful analysis of the change in approach for deducting SABs benefits from tort damages from “apples to apples” (Bannon v. McNeely, 2018 ONCA) to the more flexible “silo” approach (Cadieux v. Cloutier, 2018 ONCA 903). The decision is a worthwhile read and touches upon other interesting aspects of law, including distinguishing Meade v. Hussein, 2021 ONSC 7593 in permitting the admission of SPECT evidence after distinguishing, and awarding the...
Waived Limitation Period for Sexual Assault and Sexual Misconduct Claims
Generally speaking, in Ontario, litigants have two years to commence a civil lawsuit. However, in the cases of the sexual assault, this two-year limitation period is waived. Section 16(1) of the Ontario Limitations Act states, “16 (1) There is no limitation period in respect of… (h) a proceeding...
Business Pays When They Fail to Take Sexual Harassment and Sexual Assault At Work Seriously
The case of S.E. v. 2474489 Ontario Inc. (o/a Opa! Souvlaki), 2024 HRTO 343, is a recent decision of the Human Rights Tribunal, where an employer was found in breach of the Ontario Human Rights Code (“Code”) on account of sexual harassment and assault perpetrated by an employee against another at...
Spoliation as an Independent Cause of Action? The Jury Remains Out
The issue of spoliation is rarely dealt with in case law. It is a term that one hears regularly in the context of insurance claims related litigation and other litigation generally. Subrogating insurers want (or should want to) to ensure evidence is preserved to ensure they can prove their case....
Just Dig: Musings on Collateral Benefits
In the long awaited July 14, 2022 LAT award rendered in #20-007407/AABS by Vice-chair, Sandeep Johal, the question arose whether an LTD benefit that was not being received could be deducted from an IRB benefit. The upshot was that the deadline for the SABS claimant to apply for the collateral...
Arguing Over Nothing: The Priority Dilemma
Seinfeld’s charm was that it was “a show about nothing.” Of course, anyone on “the priority circuit” knows that this concept is not limited to TV, and that sooner or later, you have been, or you will be, involved in a priority dispute “about nothing.” You get on the first...
Graul v. Kansal – An Abundance of Teaching Moments
The recent decision of Justice Lemon in Graul v. Kansal weighs in at 182 pages and comes with plenty of teaching moments about defending personal injury claims, weighing the strengths and weaknesses of a claim and the uncertainty of trials. The plaintiff came to the case as a 52 year old husband...
It's time to get Reeves Richarz on your side.
Find out how our breadth of experience can help you.