ARTICLE · 19 JANUARY 2021

Further Insight Into Deductibility Of Collateral Benefits

Rogers Partners LLP

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In a recent case before the Ontario Superior Court of Justice, the Court was once again faced with a question surrounding the deductibility of collateral benefits in the motor vehicle accident context.

CanadaEmployment and HR

Meryl Rodrigues

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In a recent case before the Ontario Superior Court of Justice, the Court was once again faced with a question surrounding the deductibility of collateral benefits in the motor vehicle accident context.

In Finnemore v. Hyde et al¹, which arose from a 2016 motor vehicle accident, the defendants brought a motion pursuant to Rule 21.01(1)(a) of the Rules of Civil Procedure for a determination of an issue prior to trial, namely whether the plaintiff's disability pension benefits were deductible from damages for income loss.

Benefits at Issue

The benefits at issue on the motion were disability pension benefits received by the plaintiff pursuant to the terms of his union pension plan.

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