Is a claimant's accident benefits entitlement uncertain?

Further, as stated in Moore v. Cote, [2008] O.J. No. 3541 (S.C.), at para. 9, if the value of the accident benefits entitlement is uncertain, it is not beyond dispute as required for a deduction.

The onus of proof to establish the entitlement to future payments of benefits rests with the Defendant. To put it another way, the Defendant bears the burden of establishing entitlement under s. 267.8 since they are the ones who want to benefit from the operation of s. 267.8. Further, per Bannon, at p. 673, “[t]he standard of proof for establishing entitlement to no-fault benefits under s. 267(1) is very strict.” The court dealt with the onus on a defendant seeking a deduction of future benefits in Cowles v. Balac [2005] O.J. No. 229(S.C.J.) and noted, “The standard of proof a defendant is required to meet to establish entitlement to a no fault benefits is very strict. It must be shown to be beyond dispute that the plaintiff qualifies for those payments in every respect. A plaintiff to recover for loss of future income need only establish a substantial possibility of the future loss. A defendant seeking a deduction of future accident benefits bears a much heavier onus.”