Can a defendant who has been ordered to pay tort damages, seek a deduction under section 83 of the Health and Social Care Act?

Section 83 of the Act permits a defendant who has been ordered to pay tort damages, to seek a deduction for amounts that the plaintiff as an insured is entitled to receive as Part 7 benefits. The purpose of the Part 7 benefits scheme was succinctly summarized by Justice Fleming in Tench v. Van Bugnum, 2021 BCSC 501 at para. 45, as follows:

The purpose of the Part 7 benefits scheme is to allow a person injured in a motor vehicle accident summary and inexpensive access to the benefits described: Kozhikhov v. Insurance Corporation of British Columbia, 2015 BCCA 515 at para. 59. After judgment, the Part 7 benefits scheme functions not only to prevent double recovery of statutory benefits and tort damages but also to shift the burden of future care from the tortfeasor to ICBC as the insurance provider: Aarts-Chinyanta at paras. 52 and 71.