Deduction and Assignment of Accident Benefits from Tort Awards:
A Discussion of Cadieux v. Cloutier and Carroll v. McEwan
In December a five-judge panel of the Ontario Court of Appeal released their reasons for decision in Cadieux v. Cloutier and Carroll v. McEwen. These cases were heard together in May and involved the issues of the intersection of tort damages and statutory accident benefits. The Cadieux appeal considered the deduction from the tort damages award of SABs before trial and the Carroll appeal considered the assignment of future SABs to the tort liability insurer. The Court clarified in both cases that the proper method of matching SABS with tort awards is the “silo” approach which has been applied in the more recent case law – clearly stating that the “apples to apples” or strict matching approach from Bannon v. McNeely is no longer law as it evolved from a much different statutory scheme.
This audioconference will feature lawyers who were involved in these cases who will discuss the outcome of the decisions and the impact of the cases going forward.
A Q&A session will take place at the end of the audio conference. If you wish to submit a question ahead of the audio conference, please email Mary Ellen Thibodeau firstname.lastname@example.org. Dialing instructions and materials will be emailed prior to the program.
AUDIOCONFEFRENCE - Deduction and Assignement of AB from Tort Awards
Wednesday January 16, 2019 12:30 pm - 1:30 pm EDT
Cost: Members $113, Non Members 141.25 (HST Included) CPD:.75 - 1Hour Substantive(to be confirmed post event)
Price includes one dial in line, unlimited attendees. There is a charge of $28.25 for each additional line Email email@example.com to arrange additional lines