Basandra v. Sforza,

• Jurisdiction: Ontario
• Judge: Strathy, C.J.O., Lauwers and Benotto, JJ.A.
• Court: Court of Appeal (Ontario)
• Citation: (2016), 348 O.A.C. 193 (CA),2016 ONCA 251
• Date: 17 March 2016

Basandra v. Sforza (2016), 348 O.A.C. 193 (CA)

MLB headnote and full text

Temp. Cite: [2016] O.A.C. TBEd. AP.016

Subash Basandra (plaintiff/appellant) v. Giuseppe Sforza (defendant/respondent)

(C60979; 2016 ONCA 251)

Indexed As: Basandra v. Sforza

Ontario Court of Appeal

Strathy, C.J.O., Lauwers and Benotto, JJ.A.

April 6, 2016.

Summary:

Basandra was injured in a motor vehicle accident. Sforza was found liable. The jury awarded Basandra, inter alia, damages of $105,000 for past and future attendant care, medical/rehabilitation, and housekeeping costs. Section 267.8 of the Insurance Act provided that these pecuniary damages "shall be reduced" by payments that a plaintiff received as collateral benefits, such as statutory accident benefits. However, an award could only be reduced by a corresponding statutory accident benefit on a benefit-by-benefit basis. Due to the fact that the awards for attendant care, medical/ rehabilitation, and housekeeping were lumped together in this case, it was impossible for the trial judge to parse the jury's award in order to make the necessary statutory reductions on a benefit-by-benefit basis. The parties moved for an order determining whether and how the $105,000 award should be reduced to account for the statutory accident benefits received by Basandra for healthcare and housekeeping.

The Ontario Superior Court determined that the $105,000 award should be reduced to nil. Basandra appealed.

The Ontario Court of Appeal dismissed the appeal.

Damages - Topic 510

Limits of compensatory damages - General - Prohibition against double recovery - [See Damages - Topic 1746 ].

Damages - Topic 1746

Deductions for payments or assistance by third parties - Contractually - Insurance - Accident and sickness benefits - Basandra was injured in a motor vehicle accident - A jury awarded him, inter alia, damages of $105,000 for past and future attendant care, medical/ rehabilitation, and housekeeping costs - Under s. 267.8 of the Insurance Act, these damages were to be reduced by statutory accident benefits (SABs) that Basandra received, but only on a benefit-by-benefit basis - Due to the fact that the awards for attendant care, medical/ rehabilitation, and housekeeping were lumped together in this case, it was impossible for the trial judge to parse the jury's award in order to make the necessary reductions on a benefit-by-benefit basis - The parties moved for an order determining whether and how the $105,000 award should be reduced to account for the SABs received by Basandra for healthcare and housekeeping - The trial judge, noting that the quantum of SABs received under the three heads was significantly higher than the jury award, determined that the $105,000 award should be reduced to nil - Basandra appealed, arguing that the onus was on the defence to prove how the jury award should be reduced, and that the trial judge erred by reducing the award in the absence of clear evidence about the quantum of each SAB - The Ontario Court of Appeal dismissed the appeal - The trial judge was faced with a mandatory statutory direction to deduct SABs under s. 267.8 - She reasonably gave effect to one policy objective in the statutory scheme (full compensation) while respecting another policy objective (no overcompensation).

Insurance - Topic 4134

Automobile insurance - Accident benefits - Deductions - General - [See Damages - Topic 1746 ].

Counsel:

Gary Mazin and Supriya Sharma, for the appellant;

Bruce Chambers, for the respondent.

This appeal was heard on March 17, 2016, before Strathy, C.J.O., Lauwers and Benotto, JJ.A., of the Ontario Court of Appeal. Lauwers, J.A., delivered the following judgment for the court on April 6, 2016.