Does a judge have to match a tort award to specific Part 7 benefits?

British Columbia, Canada


The following excerpt is from Cikojevic v. Timm, 2012 BCSC 574 (CanLII):

Although a judge is not required to match items in a tort award to specific Part 7 benefits, “it is, where present, a valuable aid to attempt in a fair fashion to attempt to aid in a fair fashion to unravel what portion of the tort award contains Part 7 benefit items”: Ogilvie v. Mortimer, 2008 BCSC 634 at para. 20. And, as confirmed in Boota at para 79, some comparison of heads of damages and their overlap with Part 7 is a logical way to estimate the deductions. This approach also gives the parties opportunity to see where the judge might have erred. But ultimately, it is an assessment that is required, not precise calculations, which, given the current wording of the Regulations and the evidence usually available to the court are unattainable anyway.

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