On October 29, 2012, the Ontario Court of Appeal upheld the decision of Herman J. in Martin et al v. Fleming et al, in which she determined that no ambiguity exists in s. 267.5(7) of the Insurance Act, which deals with the application of statutory deductibles. The Court of Appeal confirmed that a protected defendant (or defendants) is entitled to apply from the damages apportioned against it, one deductible per accident notwithstanding the case may involve multiple accidents and/or actions, with a global assessment of damages.

The panel included Justice Rouleau, Justice Sharpe and Justice Hoy.