What are the options available to the court for consideration in a personal injury case?

Ontario, Canada


The following excerpt is from Reid v Aiello, 2015 ONSC 4343 (CanLII):

Field v. Field provides two options available to the court for consideration. I have reviewed that case and the options, and I find that both options, if applied to the case herein, are problematic.

Following Field v. Field, at para. 3, under the first option, the respondent would receive credit for child support paid for two children as a set off against the retroactive award for one child. This results in a windfall to the respondent at the expense of the mother, as the applicant can recover a retroactive award for one child, but the respondent receives credit for payments made for two children.

Still following Field v. Field, under the second option, the respondent would receive credit for child support paid for one child as a set off against a retroactive amount for one child. This option ignores the amounts actually paid by the respondent.

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