Issue: Appeal on deductions from damages awarded for a negligence claim related to motor vehicle accidents, specifically regarding Part 7 benefits.
Ruling: Appeal dismissed. The court found no reviewable errors in the trial judge's deductions of Part 7 benefits from the damages awarded.
Key Points:
The trial judge correctly applied the legal principles for deductions under s. 83 of the Insurance (Vehicle) Act.
The deductions included amounts for physiotherapy, massage therapy, medications, vocational counselling, and attendance at a chronic pain clinic, all deemed appropriate and in accordance with the Regulation.
The court did not accept arguments for further reducing these deductions based on contingencies or distinctions between prescription and non-prescription medications.
