November 14, 2012
Martin v. Fleming - Deductibles
The Court of Appeal has now released its decision in Martin v. Fleming, which can be found at the following link: Martin v. Fleming, 2012 ONCA 750 (C.A.)
At issue was the operation of the deductible where a plaintiff has been in multiple accidents. The motions judge ruled that where the plaintiff has been involved in two accidents and the actions are tried together, there is a deductible for each action.
In a brief endorsement, the Court of Appeal dismissed the appeal. They followed the motion judge's reasoning that s. 267.5(7) is unambiguous and the plaintiff is subject to two deductibles.
Although this is a brief endorsement, it is important to those defending claims where the plaintiff has been in multiple accidents. Insurers for each defendant retain the benefit of the deductible.