Is a plaintiff entitled to disability benefits under the private insurance exception?
Ontario, Canada
The following excerpt is from Mazzucco et. al. v Herer et. al, 2015 ONSC 7083 (CanLII):
3. The private insurance exception provides that if the plaintiff establishes that the indemnity benefits were paid by him/her as part of their wage package the disability benefits should not be deducted in calculating the amount payable by the defendants for the wage loss suffered by the plaintiff as a result of his/her injuries. See Cunningham v. Wheeler at paragraphs 33 through 41.
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