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Case Summary

Simser v. Aviva Canada Inc., 2015 ONSC 2363 (Div. Ct.); (January 9, 2014), FSCO P13-00004 (Blackman); (January 16, 2013), FSCO A11-004610 (Lee)

Lawyer: James M. Brown

This case was the first reported decision to address the interpretation of “economic loss” for the requirement that expenses be “incurred” under the SABS-2010

The claimant sought to adduce evidence that his spouse had lost income and his child had missed school in order to provide him with attendant care and housekeeping services.  The claimant argued that the term “economic loss” was broad enough to encompass lost opportunities, including the alternative use of leisure time.

On behalf of the insurer, James successfully argued that the term “economic loss” was restricted to monetary or financial losses that were sustained “as a result” of providing the services, and that the definition proposed by the claimant offended the principles of statutory interpretation.  James was also able to successfully rebut the evidence that the claimant led concerning the lost income of the spouse, and various out-of-pocket invoices that were submitted. 

James was later successful in having this decision upheld both on appeal and on judicial review.

Contact James Brown for more details or read the Full Decision on www.canlii.org.


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