In Gilbert v South, Mr. Justice Leach dealt with an applicant insurance company, seeking to prevent double-recovery by a plaintiff who had been given a judgment against their insured. He confirmed that in order to grant a motion preventing double recovery, the applicant must show it is certain that the plaintiff will be paid-out benefits for the same damages by the accident benefits insurer. As the insurance company could not prove the plaintiff would get compensation from the accident benefits insurer or what expenses the damages awarded at trial were to cover, the motion was dismissed.
Double Recovery Must Be Certain To Be Prevented
December 2014
Kelly Santini LLP, Ontario
