Does a pension or non-indemnity insurance or pension scheme have to be deducted from damages for loss of earnings from a tortfeasor?
Ontario, Canada
The following excerpt is from Demers v. B.R. Davidson Mining & Development Ltd., 2011 ONSC 2046 (CanLII):
Although McLachlin J. disagreed with the majority in Cunningham v. Wheeler and concluded that wage benefits paid pursuant to employment plans should be deducted from damages for loss of earnings claimed against the tortfeasor, she held that charity and cases of non-indemnity insurance or pensions were exceptions. The exceptions arose because these payments were not in the nature of indemnification for the loss claimed against the tortfeasor and therefore need not be brought into account. See para. 63.
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