As defence counsel, we are always dealing with what can be deducted from any settlement and award and the recent decision of the Ontario Superior Court provides some direction on the deductibility of the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB) in a motor vehicle accident.
As you are aware, the CERB and CRB were financial support payments to employed and self employed Canadians, affected by the pandemic and COVID-19 and were not entitled to Employment Insurance Benefits (EI).
The Government of Canada had conditions to qualify for the payment including work hours being reduced due to COVID-19 or that one stopped working entirely.
In the decision of Ferreira v. Hopper, 2024 ONSC 5385, the Plaintiff was involved in a motor vehicle accident in 2017. A trial proceeded on damages, as liability was admitted, and the jury returned with a verdict including a past loss of income claim of $100,000.00.
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