Rules and regulations referred to
Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rules 49, 57.01(1)(e)
APPEAL from the judgment of Justice H.R. McLean J., 
O.J. No. 2957, 2016 ONSC 2075, 37 C.B.R. (6th) 70 (S.C.J.).
Geoffrey D.E. Adair, Joseph Y. Obagi and Elizabeth A. Quigley,
Kevin P. Nearing and Erin H. Durant, for respondents Robert
and Caroline McEwen.
Stephen G. Ross and Gemma Healy-Murphy, for respondents
Aviva Canada Inc. and Pilot Insurance Company.
Kristian Bonn, for intervenor Ontario Trial Lawyers Association.
BY THE COURT: —
 This appeal was heard together with the appeal in Cadieux
(Litigation guardan of) v. Cloutier (2018), 143 O.R. (3d) 545, 
O.J. No. 6345, 2018 ONCA 903, because both appeals deal with
the common issue of the treatment of statutory accident benefits
(“SABs”) under s. 267.8 of the Insurance Act, R.S.O. 1990, c. I.8.
The reasons for judgment are being released concurrently. This
appeal deals with the assignment of future SABs to the tort
liability insurer, while the Cadieux appeal deals with the deduction
of SABs received before trial from the tort award.
 On March 28, 2009, Barbara Carroll, then approaching her
60th birthday, was catastrophically injured when she was hit by
a vehicle while walking on a road in a township near Ottawa. She
was so badly injured that she will require care for the rest of her
life. She now lives with profound physical limitations and a severe
traumatic brain injury. It is not contested in this proceeding that
the damages suffered by Ms. Carroll in the accident are in the
approximate amount of $4 million.
 The vehicle that struck Ms. Carroll was operated by Robert
McEwen and was owned by his wife, Caroline McEwen. Ms. Carroll and members of her family (the “appellants”) sued the
McEwens. The McEwens denied liability, claiming that Ms. Carroll caused the accident.
 The McEwens do not have deep pockets. They carried only
$1 million in liability insurance, through Aviva Canada Inc.
(“Aviva”), and have since been declared bankrupt and obtained