Assigned Accident Benefits of Little Value to Tort Defendants

Author(s): Darcy R. Merkur

October 1, 2014

Tort insurers beware. The unwelcome revised definition of ‘incurred’ in the Ontario Statutory Accident Benefits Schedule (‘SABS’), combined with a recent court decision concluding that tort defendants will only get credit for directly overlapping benefit entitlement, will result in recoverable tort damage awards well above policy limits and where the assigned accident benefit rights have only marginal value.

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