On October 30, 2003, the Supreme Court of Canada held that accident benefits paid to surviving family members under Quebec's no-fault insurance scheme should be deducted from a damages award in a motor vehicle action in British Columbia.
Avon Mersey of Fasken Martineau's Vancouver office argued the appeal. Avon was assisted in Ottawa by Michael Sobkin, a former Vancouver associate and Supreme Court of Canada clerk who consults on matters before that Court. Working with Avon in Vancouver were Andrew Nathanson and Holly Brinton. Martin Sheehan and Eleni Yiannakis of Fasken Martineau's
Montreal office provided assistance with the analysis of Québec law.
Gurniak v. Nordquist, [2003] 2 S.C.R. 652, 2003 SCC 59