In APS v. ICBC, the Plaintiff was injured in the United States, and received hospital treatment there, and in Canada. The cost for hospital services was nearly $200,000. ICBC’S lawyer argued that this amount should be deducted from the overall Underinsured Motorist Protection damages award, however the arbitrator rejected this notion.
130. The services and benefits covered under out universal compulsory medical coverage, which are incurred in almost every under insured motorist action, cover amounts paid in the past and those to be paid in the future. Given the catastrophic nature of many of the cases that result in UMP Claims the costs are often considerable. Had the Legislature intended for UMP awards to be net of these services and benefits then it would have specifically provided for such a deduction in clear and unambiguous terms in the legislation.
131. Having regard to the nature and extent of the evidence tendered and to the overall statutory intention of Subsection 148.1(1) of the Regulations, I do not find the Hospital Insurance Program payments to be an applicable deductible amount pursuant to paragraph (i). As stated above, had the Legislature intended such potentially considerable deductions to come into play it would most certainly have specifically stated so.
132. If I am wrong about the above, I still find having regard to the wording of subsection (i), that such amounts would not be payable to the insured as a benefit or right and claim to indemnity. They do not represent pecuniary payments of a like nature for which the Claimant is claiming compensation pursuant to the tortious conduct of the underinsured motorist and which would have been recovered thus resulting in double recovery.
