On June 1, 2022, an award of $706,733.23 was granted to plaintiff Neda Abkari for injuries she had sustained in a motor vehicle accident on July 23, 2016. The defendants Ashley Trac and Jean Trac had sought deductions from the award under the Insurance (Vehicle) Act and had also sought costs if the deductions had reduced the award below their previous formal settlement offer. The deductions had included total temporary disability payments, housekeeping services, and future psychological counseling sessions, among others.
The court had allowed some deductions, including temporary disability payments, housekeeping services, and future psychological counseling. However, deductions for further housekeeping services and various other expenses had not been allowed, as the plaintiff had not been entitled to them. The court had declined to deduct homemaker benefits, as the plaintiff had not been entitled to receive them after December 2018.
Regarding medical and rehabilitation benefits, the court had accepted some expenses incurred by the plaintiff as Part 7 benefits, including psychological treatments, massage therapy, physiotherapy, chiropractic treatments, and medications, which had been deducted from the award. However, expenses for personal training and gym passes had not been deductible as they had not met the requirements for rehabilitation benefits.
After the appropriate deductions, the judgment had been entered in favor of the plaintiff in the amount of $685,599.05.