Schittone v. George Minkensky Ltd.

1997 CanLII 12175 (ON SC)Decided

Employer Recovery for Lost Services After Employee's Motor Vehicle Accident

Summary

An interlocutory proceeding concerning an employer's right to recover the value of lost services from a tortfeasor after an employee was injured in a motor vehicle accident. The employer continued salary payments under a non-indemnity plan and seeks to recover the value of lost services, raising questions about the applicability of section 267(4) of the Insurance Act to such claims.

Key Factors

  • employer recovery
  • loss of services
  • per quod servitium amisit
  • Insurance Act
  • subrogation rights

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.