June 26 2012 – Ottawa Injury Lawyers Announce How Statutory Deduction Under Insurance Act for Reduction of General Damages can be Avoided
In Ontario motor vehicle cases were damages for pain and suffering are awarded under $100,000.00, a $30,000.00 statutory deductible applies under the Insurance Act. In Van Winckle v. Siodlowki  O.J. No. 4807 (S.C.J.) the court explained how the deductible should be interpreted.
In Van Winckle, the jury awarded the plaintiff exactly $100,000 in non-pecuniary general damages including pain and suffering. Section 267.5(8) provides the deductible does not apply where the amount of non-pecuniary general damages “would exceed $100,000”.
Since the award was exactly $100,000, court held that “exceed” means greater than, not greater than or equal to. As such, the deductible applied and the award was reduced by $30,000.00.
Understanding the law may apply to your situation can be very complicated. Let our experienced personal injury and accident lawyers represent your interests and maximize your compensation. The Ottawa lawyers of Quin Thiele Mineault Grodzki LLP have formed a motor vehicle and mva law group focusing on issues relating to motor vehicle laws and it deals with issues like the impact of statutory deductions.
Contact Ottawa Injury Lawyers Quinn Thiele Mineault Grodzki LLP today for a free consultation.
QTMG LLP Injury and Accident Lawyers
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Ottawa, Ontario K2P 1V8