A person injured by a falling tree while driving may be barred from bringing an action under a no fault automobile regime

An action against City was barred by Quebec’s Automobile Insurance Act in circumstances where a tree maintained by the City fell on the insured’s vehicle while he was driving. Westmount (City) v. Rossy, [2012] S.C.J. No. 30, June 22, 2012, Supreme Court of Canada, McLachlin C.J. and LeBel, Deschamps, Fish, Abella, Cromwell and Karakatsanis JJ.

Disabilty benefits are generally deductible from motor vehicle damage awards in Ontario. Care should be taken to instruct the jury to do so.

22. April 2012 0
Private long-term disability benefits are deductible from an award for past wage loss made by jury to plaintiff in respect of injuries sustained in a motor-vehicle accident, but only if the jury is instructed to deduct them. Brown v. Campbell, [2011] O.J. No. 5991, December 5, 2011, Ontario Superior Court of Justice, M.J. Nolan J.