An Ontario resident injured in 2017, when her taxi to Vancouver International Airport was in a car crash, will get to keep a $3.7-million court-ordered award.
That was Justice Anita Chan’s decision in a July 31 judgment.
The defendants brought an application aimed at getting the court to change that judgment, which involved Chantal Courchesne, who at the time of the accident was CEO of the Canadian Dermatology Association.
They first wanted to deduct $1.3 million from plaintiff Courchesne’s award because that was the value of B.C. benefits she was entitled to receive under B.C. insurance, according to the judgment.
Defendants included Tsz Chau, 1110486 BC Ltd. and GM Financial Canada Leasing Ltd. Societe De Location GM Financial Ltee.
Courchesne argued that as an Ontario resident at the time of the crash, she elected to receive benefits under the Ontario vehicle insurance program.
She then modified her position on that, Chan said.
Courchesne wound up receiving Ontario benefits, and Chan ruled that she is also entitled to Insurance Company of British Columbia benefits.
“The B.C. regulation makes clear that the Ontario insurance was the plaintiff’s primary insurance, with B.C. insurance the excess insurance,” Chan said.
A second part of the judgment looked into whether the defendants could deduct $1 million from the award due to Courchesne’s eligibility for catastrophic injury coverage.
Courchesne applied in 2022 for a catastrophic impairment designation from Ontario, which would have entitled her to receive up to $1 million in medical and rehabilitation benefits.
She was advised in July 2024 that she did not qualify for a catastrophic designation. Courchesne has two years to appeal the ruling but has indicated in her affidavits that she does not plan to do so.
“The court has no evidence from the plaintiff’s Ontario insurance provider that even if successful in her appeal, the continuing requirements on the plaintiff to receive the up to $1 million in benefits would be waived,” Chan said.
“Uncertainty about whether benefits would be paid must be resolved in favour of the plaintiff. I find the defendants cannot deduct $1 million from the award.”
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