Future Loss Of Income Awards: Deductibility Of Private Pension And CPP Benefits

In tort claims, there are two types of compensatory damages: pecuniary damages and non-pecuniary damages. Pecuniary damages are measurable monetary figures from past or future loss, such as: medical bills, cost of care, loss of income, and property damage. Non-pecuniary damages are difficult to measure in monetary terms from past or future loss, such as: pain and suffering, emotional distress, decrease in quality of life and damage to relationships.

In some cases, there are deductions from damages owed to a plaintiff due to benefits already received or owed in the future. For example, if the plaintiff has received accident benefits (ABs) from a motor vehicle collision, the amount of ABs received by the plaintiff prior to trial are deductible from the awarded damages to avoid double recovery by the plaintiff.