Are no-fault benefits deductible from a plaintiff's award of damages?
British Columbia, Canada
The following excerpt is from Ruckheim v. Robinson, 1995 CanLII 337 (BC CA):
71 The conclusions I have reached lead me to the further conclusion that the decision in Angus v. Matsqui (District) (25 November 1987), Vancouver B852493 (B.C.S.C.), was wrongly decided. In that case, the court interpreted s. 24 to hold that no-fault benefits were deductible from the plaintiff's award of damages, notwithstanding that the defendant in that case was not insured for this liability under a contract of automobile insurance. For the reasons I have expressed, I do not consider that the section was ever intended to have that result. VIII Cross-appeal (a) The Award for Past Wage Loss
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