2011 SKCA 78 Date:, 2011 SKCA 78

THE COURT OF APPEAL FOR SASKATCHEWAN Citation: 2011 SKCA 78 Date: 20110623 Between: Docket: 1739 Ernest Montgrand Appellant - and - Saskatchewan Government Insurance Respondent Coram: Klebuc C. J.S., Gerwing & Jackson JJ.A. Counsel: Peter Abrametz for the Appellant Jennifer Bailey for the Respondent

Appeal: From: 2009 SKQB 70 Heard: June 23, 2011 Disposition: Appeal Dismissed (orally) Written Reasons: June 24, 2011 By: The Honourable Madam Justice Jackson In Concurrence: The Honourable Chief Justice Klebuc The Honourable Madam Justice Gerwing Jackson J.A. (orally) [ 1 ] On this appeal, pursuant to s. 199 of The Automobile Accident Insurance Act , R.S.S. 1978, c. A-35, as it existed at the time of the appellant’s motor vehicle accident, the Court finds no error in the decision of Rothery J., reported at 2009 SKQB 70 .

She correctly interpreted this Court’s previous decision reported at 2007 SKCA 103 and correctly interpreted and applied the sections of the AAIA applicable to the calculation of an income replacement benefit. We recognize the argument made by Mr. Abrametz, but to accept it would lead to a surprising conclusion. The appeal is dismissed. No costs having been sought, none are awarded.