Mr. Justice Belch dealt partly with this issue: d’Entremont v. Smallwood, [1999] O.J. No. 4567 (Sup. Ct. Just.) [QL]. This case was not really about statutory benefits, but was rather an action brought by the victim of an automobile accident, who became paraplegic as a result of the accident, against the estate of another driver who died in the accident, and against the tavern where the defendant driver had become intoxicated prior to driving his car and causing the accident.
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