Background Facts:
Malgorzata Tomanik was injured in a vehicle accident caused by Youri Brunet. As a result, she pursued damages for pain and suffering, lost wages, future loss of earning capacity, and future care needs. The court initially awarded her $1,239,506.67 in total damages on August 29, 2023.

Damages Awarded:
The awarded damages included:

• $150,000 in non-pecuniary damages
• $80,285 for past wage loss
• $790,000 for loss of future earning capacity
• $181,239 for future care costs
• $37,982.67 in special damages

Legal Issues:
The parties returned to court to address deductions under Section 83 of the Insurance (Vehicle) Act, which mandates that certain benefits (e.g., long-term disability and CPP disability benefits) be deducted from the damages award. Brunet sought a deduction of $316,436, the quantified amount of these benefits.

Plaintiff's Objections:
Tomanik objected, arguing the defendant had not provided direct evidence of her entitlement to these benefits and that uncertainties in future payments should prevent full deduction.

Court's Decision:
The court ruled in favor of Brunet, finding he met the evidentiary burden and that, under the amended Act, future uncertainties could not be considered.

Outcome:
Deductions were set at $316,436, with costs awarded to Brunet.