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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.
1, 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